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Criminal Law in the Philippines
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Criminal Law in the Philippines

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Questions and Answers

Which individuals are immune from the application of penal laws in their country of assignment?

  • Vice-consuls
  • Consuls
  • Ambassadors (correct)
  • All diplomatic officials (correct)

    • What is the primary principle that dictates that penal laws apply within a country's borders?

  • Territoriality (correct)
  • Universal jurisdiction
  • International law
  • Exterritoriality

    • Which of the following is NOT a type of jurisdiction exercised by the state?

  • Fluvial jurisdiction
  • Military jurisdiction (correct)
  • Aerial jurisdiction
  • Terrestrial jurisdiction

    • Who among the following is NOT exempt from the criminal jurisdiction of the country where they are assigned?

    <p>Consuls</p> Signup and view all the answers

    What determines jurisdiction in a criminal case?

    <p>Place where the crime was committed</p> Signup and view all the answers

    The Archipelagic Rule states that the maritime zone includes bodies of water in which of the following?

    <p>Surrounding islands</p> Signup and view all the answers

    What type of jurisdiction is exercised over maritime and interior waters?

    <p>Fluvial jurisdiction</p> Signup and view all the answers

    Which of the following is true about consuls in the context of penal laws?

    <p>They must follow the penal laws of the country where assigned.</p> Signup and view all the answers

    What is the primary reason that the rights and freedoms granted by law are often asymmetrical?

    <p>They are only protected for those who can afford it.</p> Signup and view all the answers

    Which of the following is a characteristic of criminal law?

    <p>It is binding to all persons residing in the Philippines.</p> Signup and view all the answers

    Which of the following is NOT a source of Philippine criminal law?

    <p>International treaties</p> Signup and view all the answers

    What role does the state play in the context of social power dynamics?

    <p>A prize for groups seeking control</p> Signup and view all the answers

    Which of the following laws specifically addresses hazing activities?

    <p>Anti-Hazing Law (R.A.No. 8049)</p> Signup and view all the answers

    What does the term 'legal efficacy' imply in the context of the law?

    <p>The effectiveness of the law is prioritized over fairness.</p> Signup and view all the answers

    Which Presidential Decree is associated with the establishment of the Commission on Human Rights in the Philippines?

    <p>Presidential Decree No. 2036</p> Signup and view all the answers

    Which of the following statements about the application of criminal law is true?

    <p>It has exceptions due to international agreements.</p> Signup and view all the answers

    Which geographical area does the revised penal code apply to within the Philippines?

    <p>The entire Philippine Archipelago</p> Signup and view all the answers

    Under what circumstance can the revised penal code apply to offenses committed outside Philippine territory?

    <p>While on a Philippine ship or airship</p> Signup and view all the answers

    Which of the following is NOT an exception to the territorial character of the revised penal code?

    <p>Committing treason on foreign soil</p> Signup and view all the answers

    What is one condition where the revised penal code is not applicable within Philippine territory?

    <p>Under the Philippine United States Bases Agreement</p> Signup and view all the answers

    What principle allows international law to exempt certain cases from the revised penal code?

    <p>Principle of reciprocity</p> Signup and view all the answers

    What is the nature of the application of the revised penal code?

    <p>It does not have any retroactive effect.</p> Signup and view all the answers

    Which circumstance would allow the revised penal code to apply to an act committed abroad?

    <p>If it is committed by a public officer in the exercise of their functions</p> Signup and view all the answers

    What type of law does the revised penal code rely on for its exceptions?

    <p>International law and treaties</p> Signup and view all the answers

    What is required for a penal law to be applied retroactively?

    <p>The law must be favorable to the accused.</p> Signup and view all the answers

    Which of the following codes had little influence on the contemporary legal system in the Philippines?

    <p>Code of Kalantiaw</p> Signup and view all the answers

    Which definition best describes crime from a legal perspective?

    <p>An act in violation of a criminal law.</p> Signup and view all the answers

    What term refers to acts that violate simple rules and regulations, usually by minors?

    <p>Misdemeanors</p> Signup and view all the answers

    What is the primary function of a special law?

    <p>Enact punitive measures against specific offenses.</p> Signup and view all the answers

    Felonies in the Philippines are defined as acts punishable by what?

    <p>The Revised Penal Code.</p> Signup and view all the answers

    What is the term used for acts or omissions punishable by special laws?

    <p>Offenses</p> Signup and view all the answers

    What approach does the sociological definition of crime focus on?

    <p>Acts that are injurious or unacceptable in society.</p> Signup and view all the answers

    What is the primary characteristic of acquisitive crime?

    <p>It leads to the offender acquiring something.</p> Signup and view all the answers

    Which type of crime is characterized by its occurrence during specific times of the year?

    <p>Seasonal Crime</p> Signup and view all the answers

    What differentiates rational crime from irrational crime?

    <p>Rational crime is committed with intent.</p> Signup and view all the answers

    Which of the following describes blue collar crime?

    <p>Crimes committed by ordinary people.</p> Signup and view all the answers

    What is a key feature of continuing crime?

    <p>It can be committed in multiple jurisdictions.</p> Signup and view all the answers

    What type of crime involves acts committed with no intent by the offender?

    <p>Irrational Crime</p> Signup and view all the answers

    Which type of crime refers to acts that cause destruction as a result?

    <p>Extinctive Crime</p> Signup and view all the answers

    What is the defining aspect of situational crime?

    <p>It is committed when conditions favor its commission.</p> Signup and view all the answers

    Study Notes

    Law & Power

    • Laws reflect the interests and needs of the powerful
    • Laws protect the rights of those who can afford it
    • The state is not an independent arbitrator but a prize for competing groups to control
    • Behaviors of the less powerful are criminalized, while the behaviors of the powerful are legitimized

    Criminal Law in the Philippines

    • The Revised Penal Code (RPC) is the primary source of Philippine criminal law
    • Special laws, such as Republic Acts, Presidential Decrees and Executive Orders, also define crimes and set penalties
    • Presidential Decress, Executive Orders, and Republic Acts: these can define crimes and impose penalties
    • The RPC applies within the Philippines, with exceptions for crimes committed on Philippine ships/aircraft, counterfeiting, and certain crimes against national security
    • The RPC may not apply to crimes committed within Philippines territory if there is a relevant treaty or international law principle

    Characteristics of Criminal Law

    • General: Applies to all people within the Philippines, regardless of race, belief, sex, or creed, but some exceptions exist under international law
    • Territorial: Applies within the Philippines, including its land, waters and atmosphere
    • Prospective: Generally does not have retroactive effect; exceptions are allowed when new statues are favorable to the accused

    Criminology in the Philippines

    • The study of crimes and criminal behavior is relatively recent.
    • The pre-Spanish codes have little influence on the legal system today.
    • The definition of crime varies:
      • Legal point: violation of criminal law
      • Social definition: anti-social act
      • Psychological perspectives: undesirable act related to behavioral maladjustment
    • There are various types of crimes:
      • Offense: Punishable under special laws
      • Felony: Punishable under the Revised Penal Code
      • Delinquency/Misdemeanor: Violation of simple rules and regulations, often by minors

    Criminological Classification of Crime

    • Acquisitive Crimes: Committed to gain something
    • Extinctive Crimes: Result in destruction
    • Seasonal Crimes: Occur only during certain seasons
    • Situational Crimes: Occur when opportunities are available
    • Episodic Crimes: Serial crimes committed over time
    • Instant Crimes: Committed very quickly
    • Static Crimes: Crimes that occur in one place
    • Continuing Crimes: Crimes happening in multiple locations
    • Rational Crimes: Committed with intent, the offender fully understands the nature of their actions
    • Irrational Crimes: Committed without intent, stemming from mental impairment
    • White Collar Crimes: Committed by professionals or high-status individuals in their work settings
    • Blue Collar Crimes: Committed by ordinary people
    • Upper World Crimes: Committed by high-class individuals
    • Under World Crimes: Committed by those from the lower class

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    Description

    Explore the intricacies of the Revised Penal Code and its implications in the Philippine legal system. This quiz covers how laws reflect power dynamics and the distinction between the behaviors of the powerful and the less powerful. Learn about special laws and the application of the RPC in various contexts.

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