18 Questions
According to the Pro Reo doctrine, what interpretation should be applied when there is doubt about a penal law?
The interpretation which is favorable to the accused should be applied.
What happens if a new penal law imposes a lighter penalty on the accused?
The new law shall be applied.
When can the old law be applied instead of a new law that imposes a heavier penalty?
When the accused is a habitual criminal.
What is the basis of criminal liability according to the Classical (Juristic) Theory?
Human free will.
According to the Positivist (Realistic) Theory, what is the purpose of penalty?
Reformation of the accused.
How does the Positivist Theory view offenders?
As sick persons who need treatment.
Define classical theory of criminal liability.
The basis of criminal liability is human free will and the purpose of penalty is retribution.
Explain the positivist theory of criminal liability.
Man is subdued occasionally by a strange and morbid phenomenon which constrain him to do wrong. The purpose of penalty is reformation of the accused.
What is the Eclectic or Mixed Theory of criminal liability?
It is a mixture of both classical and positivist schools. Crimes that are economic are treated under the positivist theory, while crimes that are purely evil are treated under the classical school.
Explain the English Rule on crimes committed aboard foreign merchant vessels within Philippine waters.
The crime is punishable in the Philippines, unless the crime merely affects things within the vessel.
What is the French Rule regarding crimes committed aboard foreign merchant vessels within Philippine waters?
The crime is not triable in the courts of that country (Philippines), unless their commission has effects on the safety of the coastal state.
Differentiate between the focus of classical and positivist theories in terms of criminal liability.
Classical theory focuses more on the result of the crime than the criminal, while positivist theory emphasizes that crime is a social and natural phenomenon.
What is the difference between motive and intent in relation to criminal liability?
Motive is not an element of a crime and need not be proved, while intent is an element of a crime and must be proved.
Define criminal liability and mention what it includes beyond personal or imprisonment penalties.
Criminal liability refers to the obligation resulting from committing a crime, including fines or pecuniary penalties.
Under what circumstances can criminal liability be incurred according to Article 4 of the law?
Criminal liability is incurred by committing a felony, even if the wrongful act is different from the intended one, or by performing an act that would be an offense against persons or property.
What does 'Error in personae' refer to in the context of criminal liability?
Error in personae refers to a mistake in the identity of the victim.
Explain the concept of 'Aberratio Ictus' regarding criminal liability.
Aberratio Ictus refers to a mistake in the blow, where the result achieved is different from the intended one.
What is the meaning of 'He who is the cause of the cause is the cause of the evil caused' in the context of criminal liability?
This phrase signifies that the person who sets events in motion leading to harm is responsible for the resulting harm.
Test your knowledge on criminal liability and intent in legal proceedings. Explore the differences between motive and intent in the context of committing a felony and the obligations it entails.
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