Criminal Law: Parricide, Infanticide, and Murder

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

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 (D)</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 (C)</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 (C)</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 (A)</p> Signup and view all the answers

Which of the following is an example of parricide?

<p>A son kills his mother (B)</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. (B)</p> Signup and view all the answers

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

<p>Legal Counsel (D)</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. (D)</p> Signup and view all the answers

Which of the following describes unintentional abortion?

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

What is a primary source of evidence in homicide investigations?

<p>The body of the victim (A)</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. (B)</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. (C)</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. (C)</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. (A)</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. (C)</p> Signup and view all the answers

What circumstance is NOT included under the elements of rape?

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

Which is a characteristic of death caused by tumultuous affray?

<p>Confusion among the participants. (A)</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. (C)</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. (B)</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. (D)</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. (D)</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. (C)</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. (C)</p> Signup and view all the answers

Which form of robbery involves violence against persons or intimidation?

<p>Robbery with violence or intimidation. (C)</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. (A)</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. (B)</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. (A)</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. (C)</p> Signup and view all the answers

What qualifies theft to be considered 'qualified theft'?

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

What differentiates theft from robbery?

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

Which action is NOT an element of theft?

<p>Using violence against the owner. (D)</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. (C)</p> Signup and view all the answers

What constitutes carnapping?

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

Which of the following best describes hijacking?

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

What is cattle rustling defined as?

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

What does the anti-Fencing law aim to penalize?

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

Which action would NOT qualify as hijacking an aircraft?

<p>Redirecting a flight to avoid severe weather. (B)</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. (C)</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. (D)</p> Signup and view all the answers

Flashcards

Parricide

The killing of a father, mother, child (legitimate or illegitimate), ascendant, descendant, or spouse.

Infanticide

The killing of a child less than three days old.

Murder

The unlawful killing of a person, not parricide or infanticide, with attending circumstances.

Attending Circumstances

Specific conditions making the killing a murder (treachery, cruelty, premeditation, using weapons, etc.).

Signup and view all the flashcards

Homicide

The unlawful killing of a person without the attending circumstances of murder.

Signup and view all the flashcards

Elements of Parricide

A person is killed, and the killer is related in a particular way (Father, mother, child)

Signup and view all the flashcards

Elements of Infanticide

Killing of a young child (less than three days old).

Signup and view all the flashcards

Elements of Murder

Unlawful killing with at least one attending circumstance.

Signup and view all the flashcards

Elements of Homicide

Unlawful killing without attending circumstances or justifying factors.

Signup and view all the flashcards

Homicide Investigation Bridges

Three stages in a homicide investigation where certain actions render specific evidence unusable, and the investigator should avoid crossing these bridges.

Signup and view all the flashcards

First Bridge (Homicide)

Moving the body of the deceased; this action makes evidence about the original position unusable.

Signup and view all the flashcards

Second Bridge (Homicide)

Embalming the body. This process destroys potentially crucial evidence.

Signup and view all the flashcards

Third Bridge (Homicide)

Burning or cremating the body; this permanently destroys vital evidence related to the body/crime scene.

Signup and view all the flashcards

Homicide Investigator Mistakes

Errors by the homicide investigator cannot be corrected.

Signup and view all the flashcards

Elements of Evidence (Crime Scene)

Components a crime scene includes; the Victim, Suspect, and Crime scene itself.

Signup and view all the flashcards

Crime Scene Composition

A crime scene consists of the physical location, physical evidence, and all involved persons (suspects, victims, or witnesses).

Signup and view all the flashcards

Abortion (Definition)

Intentional killing of a fetus, or violent expulsion of the fetus, both resulting in fetal death.

Signup and view all the flashcards

Intentional Abortion

A deliberate act resulting in the death of a fetus.

Signup and view all the flashcards

Unintentional Abortion

An abortion resulting from actions not intended to cause the death of the fetus.

Signup and view all the flashcards

Abortion (Method)

Committing abortion can happen through violence, or non violent actions (with/without consent).

Signup and view all the flashcards

Elements of Intentional Abortion

Four key components including pregnancy, violence/action causing death, and intent to cause fetal death.

Signup and view all the flashcards

Elements of Unintentional Abortion

Four key components: pregnancy, violence without intent, violence leading to death, and death of the fetus.

Signup and view all the flashcards

Violence (in Abortion)

Actual physical force in causing unintentional abortion, not mere actions.

Signup and view all the flashcards

Death Under Exceptional Circumstances

Legally justified killing of a person caught committing sexual intercourse with another person who has surprised the married person's spouse.

Signup and view all the flashcards

Tumultuous Affray

Death caused when several people, not a group, fight in a confused way, killing someone, with unknown killer.

Signup and view all the flashcards

Elements of Tumultuous Affray

Several people fight without pre-planning, in confusion, resulting in someone's death; responsibility unclear.

Signup and view all the flashcards

Liability in Tumultuous Affray

Those who caused serious harm or violence are responsible.

Signup and view all the flashcards

Assisting Suicide

Helping someone take their own life, regardless if successful.

Signup and view all the flashcards

Methods of Assisting Suicide

Directly helping someone end their life or actively killing them.

Signup and view all the flashcards

Rape (Art. 266 RPC Para 1)

Unlawful sexual activity (often intercourse) against the victim's will, using force, threat, or fraud.

Signup and view all the flashcards

Elements of Rape (Art. 266 RPC Para 1)

Male offender, sexual act against a woman, using force or fraud, victim unconscious or under age, or intimidation.

Signup and view all the flashcards

R.A. # 8353

Law regarding a specific crime, but details are missing.

Signup and view all the flashcards

Elements of Robbery

Robbery involves the unlawful taking of another's property with intent to gain, accompanied by violence or intimidation.

Signup and view all the flashcards

Rape (RA 8353)

Sexual assault by inserting a penis or object into orifices, or by force, threat, intimidation, or fraud, against a person who is deprived of reason or unconscious, under 12 years old.

Signup and view all the flashcards

Rape (RA 11648)

Carnal knowledge of another under circumstances like force, threat, unconsciousness, fraud or abuse, or under 16 years old.

Signup and view all the flashcards

Elements of Theft

Theft is the unlawful taking of another's property with intent to gain, without violence or intimidation.

Signup and view all the flashcards

Robbery (RA?)

Taking personal property of another with intent to gain, using violence or intimidation against a person or force on things.

Signup and view all the flashcards

Qualified Theft

Theft is considered qualified if it involves specific circumstances, resulting in a harsher penalty than simple theft.

Signup and view all the flashcards

Robbery with Violence

Robbery involving the use of force against a person.

Signup and view all the flashcards

Malicious Mischief

Malicious Mischief is the intentional damage to another's property out of malicious intent.

Signup and view all the flashcards

Robbery by force on things

Robbery involving the application of force on property.

Signup and view all the flashcards

P.D. No. 532

This law addresses highway robbery and the seizure of individuals or property for ransom or extortion.

Signup and view all the flashcards

Carnapping Definition

Stealing a car with intent to gain, without the owner's consent, possibly using force or threats.

Signup and view all the flashcards

Hijacking (Definition)

Forcibly changing the course or destination of an aircraft (often a plane) or seizing control while in flight, especially of Philippine registry planes.

Signup and view all the flashcards

Cattle Rustling

Stealing livestock without the owner's consent, possibly with or without force or threats.

Signup and view all the flashcards

Fencing (Definition)

Buying, receiving, or possessing stolen goods knowing they are stolen, with or without intent to gain.

Signup and view all the flashcards

Fence

A person, firm, association, corporation, or partnership engaged in fencing.

Signup and view all the flashcards

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.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

More Like This

Use Quizgecko on...
Browser
Browser