Criminal Law: Parricide, Infanticide, and Murder
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Questions and Answers

What is the main criterion that defines parricide?

  • The relationship between the offender and the victim (correct)
  • The method of killing
  • The age of the victim
  • The motive behind the act
  • Which of the following qualifies as infanticide?

  • Killing a spouse during a dispute
  • Killing a child aged ten years
  • Killing a teenager during a rage incident
  • Killing a child aged four days (correct)
  • What determines an unlawful killing to be classified as murder?

  • The age of the victim
  • The motive being financial gain
  • The involvement of a weapon
  • The presence of at least one attending circumstance (correct)
  • What distinguishes homicide from murder?

    <p>Homicide is committed without any attending circumstances of murder</p> Signup and view all the answers

    Which of the following is NOT an element of infanticide?

    <p>The killer has a motive of revenge</p> Signup and view all the answers

    What is one of the attending circumstances for classifying an act as murder?

    <p>Employing means to weaken the defense</p> Signup and view all the answers

    If a person kills someone without any of the aggravating circumstances, what classification does the act fall under?

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

    Which of the following is an example of parricide?

    <p>A son kills his mother</p> Signup and view all the answers

    What must occur for the first bridge in a homicide investigation to be burned?

    <p>The dead person has been moved.</p> Signup and view all the answers

    Which of the following elements is not part of a crime scene composition?

    <p>Legal Counsel</p> Signup and view all the answers

    What is one way intentional abortion can be committed?

    <p>By administering drugs without the woman's consent.</p> Signup and view all the answers

    Which of the following describes unintentional abortion?

    <p>Violence exerted without intent to cause abortion.</p> Signup and view all the answers

    What is required for a death to be classified under exceptional circumstances?

    <p>The person must be caught in the act of infidelity.</p> Signup and view all the answers

    What is a primary source of evidence in homicide investigations?

    <p>The body of the victim</p> Signup and view all the answers

    Which of the following statements correctly defines 'violence' in the context of unintentional abortion?

    <p>Actual physical force used against a pregnant woman.</p> Signup and view all the answers

    What happens to the mistakes made by a homicide investigator according to the content?

    <p>They cannot be corrected.</p> Signup and view all the answers

    What must be true for someone to be charged with death caused by tumultuous affray?

    <p>No one can be identified as the killer.</p> Signup and view all the answers

    Which element is NOT required for rape to be established under Art. 266 RPC Paragraph 1?

    <p>The victim must be aware of the act.</p> Signup and view all the answers

    What is the definition of giving assistance to suicide?

    <p>Any aid given to someone with the intent to end their own life.</p> Signup and view all the answers

    What circumstance is NOT included under the elements of rape?

    <p>The offender is a woman.</p> Signup and view all the answers

    What happens if it cannot be determined who inflicted serious injuries during a tumultuous affray?

    <p>Individuals who used violence could still be identified as liable.</p> Signup and view all the answers

    Which is a characteristic of death caused by tumultuous affray?

    <p>Confusion among the participants.</p> Signup and view all the answers

    If a person assists in a suicide but the suicide is not completed, what is their legal status?

    <p>They can still be held criminally liable.</p> Signup and view all the answers

    What defines the act of rape under R.A. 8353?

    <p>An act of sexual assault involving specific circumstances.</p> Signup and view all the answers

    Which of the following is NOT a means by which sexual assault is committed according to R.A. 8353?

    <p>Forcefully removing clothes in public.</p> Signup and view all the answers

    Under R.A. 11648, what is the minimum age for determining statutory rape?

    <p>16 years of age.</p> Signup and view all the answers

    What is the consequence if a person has carnal knowledge of a person under 16 years of age, but the age difference is not more than 3 years?

    <p>There is no criminal liability if the act was consensual.</p> Signup and view all the answers

    According to R.A. 8353, which circumstance is related to the commission of sexual assault?

    <p>Deprivation of reason or being unconscious.</p> Signup and view all the answers

    Which form of robbery involves violence against persons or intimidation?

    <p>Robbery with violence or intimidation.</p> Signup and view all the answers

    What constitutes robbery according to the provided information?

    <p>Taking personal property with intent to gain using force or intimidation.</p> Signup and view all the answers

    What age triggers the mandatory application of exceptions upon carnal knowledge under R.A. 11648?

    <p>13 years of age.</p> Signup and view all the answers

    What is one of the key elements required to establish a case of robbery?

    <p>There must be personal property belonging to another.</p> Signup and view all the answers

    Which of the following scenarios would be classified as theft?

    <p>Taking personal property without consent and without violence.</p> Signup and view all the answers

    What qualifies theft to be considered 'qualified theft'?

    <p>The theft is committed by a domestic servant.</p> Signup and view all the answers

    What differentiates theft from robbery?

    <p>The intent to gain by means of violence or intimidation.</p> Signup and view all the answers

    Which of the following best describes malicious mischief?

    <p>It is the unlawful damaging of property with the intent to hurt.</p> Signup and view all the answers

    Under what circumstance is theft classified as 'qualified theft'?

    <p>If the property stolen is taken during a calamity.</p> Signup and view all the answers

    Which action is NOT an element of theft?

    <p>Using violence against the owner.</p> Signup and view all the answers

    What is one requirement for an act to be classified as malicious mischief?

    <p>The damage must be intentional and for the sake of causing harm.</p> Signup and view all the answers

    What constitutes carnapping?

    <p>The act of taking a motor vehicle without consent or by using violence.</p> Signup and view all the answers

    Which of the following best describes hijacking?

    <p>Taking control of an aircraft by threat or force.</p> Signup and view all the answers

    What is cattle rustling defined as?

    <p>Taking animals without the owner's consent through various means.</p> Signup and view all the answers

    What does the anti-Fencing law aim to penalize?

    <p>The buying and selling of stolen items.</p> Signup and view all the answers

    What is implied by the term 'prima facie evidence' in relation to fencing?

    <p>Evidence that is sufficient on its face to assume guilt.</p> Signup and view all the answers

    Which action would NOT qualify as hijacking an aircraft?

    <p>Redirecting a flight to avoid severe weather.</p> Signup and view all the answers

    Who is considered a 'fence' under the anti-Fencing law?

    <p>Someone who buys or sells stolen items knowingly.</p> Signup and view all the answers

    Which of the following statements about the anti-carnapping law is true?

    <p>It penalizes the theft of any motor vehicle without the owner’s consent.</p> Signup and view all the answers

    Study Notes

    Parricide

    • Parricide is the killing of one's father, mother, child (legitimate or illegitimate), ascendant, descendant, or spouse.
    • Elements:
      • A person is killed.
      • The deceased is killed by the accused.
      • The deceased is the father, mother, child (legitimate or illegitimate), ascendant, descendant, or spouse of the accused.
    • Key aspect: The relationship between the offender and victim is crucial.

    Infanticide

    • Infanticide is the killing of a child less than 3 days old or 72 hours old of age.
    • Elements:
      • A child is killed.
      • The child is under 3 days old or 72 hours old.
      • The accused killed the child.
    • The killer can be the parent, grandparent, other relative, or a stranger.

    Murder

    • Murder is the unlawful killing of any person that is not parricide or infanticide, with attending circumstances.
    • Attending circumstances:
      • Treachery
      • Taking advantage of superior strength
      • With aid of armed men
      • Employing means to weaken the defense
      • Impunity
      • In consideration of price, reward, or promise
      • By means of inundation
      • By means of fire
      • By means of poison
      • By means of explosion
      • Shipwreck
      • Stranding of a vessel
      • Derailment
      • By means of motor vehicle
      • Fall of an airship
      • On occasion of calamity (earthquake, volcanic eruption, cyclone, epidemic)
      • With evident premeditation
      • With cruelty or outraging the corpse
    • Only one attending circumstance is needed to elevate the crime to murder. Other circumstances are considered generic aggravating circumstances.

    Homicide

    • Homicide is the unlawful killing of any person that is not murder, parricide, or infanticide.

    Homicide Investigation

    • Mistakes in homicide investigation cannot be corrected.
    • Investigators should not cross the three bridges (burn dead, embalm, burn body).

    Abortion

    • Abortion is the intentional killing of a fetus in the uterus.
    • Kinds:
      • Intentional
      • Unintentional
    • Intentional abortion is the act of using violence (or drugs/beverages without consent), without intent to gain, on the pregnant woman to kill the fetus.
    • Unintentional abortion is the use of violence upon a pregnant woman without the intent to cause abortion.

    Death under Exceptional Circumstances

    • Legally married person who surprises spouse in sexual intercourse with another person and kills one or both of them.
    • Requisites:
      • Legally married person surprises spouse in sexual intercourse with another.
      • Kills or injures one or both parties.
      • Has not facilitated or consented to infidelity.

    Tumultuous Affray

    • Death caused by a fight among multiple people without a common goal.
    • Elements:
      • Several people are involved.
      • Parties were fighting without a coordinated purpose.
      • Someone is killed during the fight .
      • The killer of the deceased can't be identified.

    Giving Assistance to Suicide

    • Assisting another to commit suicide is a crime.
    • Includes acts like providing means of suicide or lending a hand to consummation.

    Rape

    • Specific criminal acts leading to a woman's forced sexual intercourse.
    • Multiple forms of rape are listed, in several acts.

    Robbery

    • Taking of another’s personal property with violence or coercion.
    • Includes robbery with violence against persons, or robbery by force on objects.

    Theft

    • Taking another’s personal property without permission, coercion, or violence.

    Malicious Mischief

    • Deliberately damaging another's property without a greater crime involved.

    Carnapping

    • Carnapping is the theft of a vehicle.

    Hijacking

    • Illegally taking control of an aircraft.

    Cattle Rustling

    • Taking of animals without consent.

    Fencing

    • Buying, receiving, possessing, etc., stolen goods from a theft or robbery, knowing the goods were stolen.

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    Description

    Test your knowledge on the key concepts of parricide, infanticide, and murder in criminal law. Understand the definitions, elements, and distinctions between these serious offenses. This quiz will challenge your understanding of the relationships between offenders and victims.

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