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CA 3286 > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Branch or division of law which defines crimes, treats of their nature, and provides for their punishment.

A

Criminal Law

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2
Q

An act committed or omitted in violation of a public law forbidding or commanding it.

A

Crime

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3
Q

Sources of Philippine Criminal Law

A
  • Revised Penal Code
  • Special Penal Laws
  • Penal Presidential Decrees (Martial Law)
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4
Q

No _____________________ in the Philippines. Unless there is a provision in the law that defines and punishes an act, even if socially or morally wrong, __________________________. (Civil law country- law must be written)

A

common law crimes; there is no criminal liability

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5
Q

Court decisions are not sources of ________________, because they merely explain the meaning of, and apply, the law as enacted by the legislative branch of the government.

A

criminal law

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6
Q

Power to define and punish crimes is an exercise of police power. There is crime unless __________________________________. If there is no law punishing the act or omission, the court must dismiss the case now matter how wicked it may seem.

A

the act is defined and penalized by this Code or other laws

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7
Q

EX POST FACTO

A

a. Makes criminal an act done before passage of the law
b. Aggravates a crime/makes it greater than it was
c. Changes the punishment and inflicts greater punishment
d. Authorizes conviction with upon less or different testimony (lessens burden of proof)
e. Assumes to regulate civil rights & remedies only, in effect imposes penalty or deprivation of a right for something which when done was lawful.
f. Deprives accused of some lawful protection to which he has become entitled to (double jeopardy, amnesty)

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7
Q

Limitations on the Power of the Legislative to Enact Penal Legislation

No ______________ or bill of _____________ shall be enacted (Art II, Sec. 22)

A

ex post facto law; attainder

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8
Q

_________________ is also prohibited from passing an act which would inflict punishment without judicial trial, for that would constitute a bill of attainder.

A

Congress

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9
Q

_______________________ – Legislative act which inflicts punishment without trial. Substitutes legislative act for judicial determination of guilt.

Ex: Congress passes a law which authorizes the arrest and imprisonment of communists without the benefit of a judicial trial.

A

Bill of Attainder

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10
Q

No person shall be held to answer for a criminal offense without ___________________ (Art III, Sec 14 [1])

A

due process of law

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11
Q

Constitutional (Art. III, 1987 Constitution) and Statutory rights of the accused (Rule 115, Revised Rules of Court):

A
  1. Right to speedy, impartial, and public trial;
  2. Right to due process of law;
  3. Right to bail;
  4. Presumption of innocence;
  5. Rights against self-incrimination;
  6. Right against excessive fines and cruel and inhumane punishment;
  7. Right against double jeopardy;
    Free access to courts and quasi-judicial bodies and adequate legal assistance;
  8. Compulsory process to secure witnesses (statutory)
  9. Right to appeal in all cases allowed (statutory)
  10. Right to confrontation and cross-examination
  11. Right to be informed of the nature and cause of the accusation.
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12
Q

Can the accused waive their rights?

If they are personal rights, ______________________.

For example: Right to confrontation and cross-examination.

A

they can be waived

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13
Q

Can the accused waive their rights?

If they involve public interest, ____________________________.

For example: Right to be informed of the nature and cause of the accusation.

A

they cannot be waived

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14
Q

______________________ are not sources of criminal law, because they merely explain the meaning of, and apply, the law as enacted by the legislative branch of the government.

A

Court decisions

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15
Q

Power to define and punish crimes is an exercise of _______________. There is crime unless the act is defined and penalized by this Code or other laws. If there is no law punishing the act or omission, the court ________________________________________.

A

police power; must dismiss the case now matter how wicked it may seem

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16
Q

Characteristics of criminal law

Three (3) main characteristics of criminal law:
____________ – binding to all who live or sojourn in Philippine territory.
____________ – undertake to punish crimes committed within Philippine territory.
____________ – penal law cannot make an act punishable in a manner in which it was not punishable when committed. Crimes are punished under the laws in force at the time of commission (Art. 366, RPC)

A

General;
Territorial;
Prospective

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17
Q

Two Theories in Criminal Law

Basis of criminal liability is human free will and the purpose of penalty is retribution.

A

Classical theory

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18
Q

Two Theories in Criminal Law

Man is a moral creature with absolute free will to choose between good and evil, thereby, placing more stress upon the effect or result of the felonious act than upon the man.

A

Classical theory

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19
Q

Two Theories in Criminal Law

Endeavors to establish a mechanical and direct proportion between crime and punishment.
Scant regard to the human element.

A

Classical theory

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20
Q

Two Theories in Criminal Law

Man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong, in spite of or contrary to his volition.

A

Positivist Theory

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21
Q

Two Theories in Criminal Law

Crime is essentially a social and natural phenomenon, it cannot be treated and checked by the application of abstract principles of law and jurisprudence; but rather through enforcement of individual measures in each particular case.

A

Positivist Theory

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22
Q

Art.3. Definitions. Acts and omissions punishable by law are _______________ (delitos).

A

Felonies

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23
Q

Felonies are committed not only by means of ____________ (dolos), but also by means of ____________ (culpa).

A

deceit;
fault.

24
Q

There is deceit when the act is performed with _______________________; and there is fault when the wrongful act results from _______________, negligence, lack of foresight, or _______________.

A

deliberate intent;
imprudence, lack of skill.

25
Q

acts and omissions punishable by the Revised Penal Code.

A

Felonies

26
Q

Elements of Felonies:
- An _______ or ___________
- Act or omission is punishable by the __________
- Act performed or omission incurred by means of ___________or ____________.

A

act or omission;
RPC;
dolor or culpa.

27
Q

Any bodily movement tending to produce some effect in the external worked, it being unnecessary that the same be actually produced, as the possibility of its production is sufficient.

A

act

28
Q

Must be an act defined by the RPC as constituting a ___________, or at least, an overt act of that ____________ external act which has a direct connection with the ___________ intended to be committed.

A

felony

29
Q

Example: A took a watch from B with intent to gain and without content. Act of taking with intent to gain constitutes the crime of theft.
Elements of theft are: (1) the taking of personal property; (2) the property belongs to another; (3) the taking away was done with intent of gain; (4) the taking away was done without the consent of the owner; and (5) the taking away is accomplished without violence or intimidation against person or force upon things.
Only external acts are punishable.

A

felony

30
Q

Inaction. The failure to perform a positive duty which one is bound to do. There must be a law requiring the doing or performance of an act.

A

omission

31
Q

Examples: Art. 275, par. 1 – failure to render aid to any person wounded or in danger of dying found in an uninhabited place; Art.116 – failure to disclose knowledge of conspiracy against government.

A

omission

32
Q

_________________ must be punishable by law.

A

Omission

33
Q

Three Classes of Crimes

A
  • Intentional Felonies
  • Culpable Felonies
  • Crimes under Special Penal Laws
34
Q

Intentional (dolo) vs culpable (culpa) felonies

act or omission is MALICIOUS. Act is performed with deliberate intent (with malice). The offender, in performing the act or incurring the omission, has the intention to cause an injury to another.

A

Intentional felonies

35
Q

act or omission is NOT MALICIOUS. Injury caused is unintentional, it being the incident of another act performed without malice. Wrongful acts result from imprudence, negligence, lack of foresight, or lack of skill.

A

Culpable felonies

36
Q

deficiency in action. If a person fails to take necessary precautions to avoid injury. Usually involves lack of skill.

A

Imprudence

37
Q

deficiency in perception. If a person fails to pay proper attention and to use due diligence in foreseeing the injury or damage impending to be caused. Usually involves lack of foresight.

A

Negligence

38
Q

IMPORTANT: To fall under either intentional or culpable felony the act or omission must be done _______________.

A

voluntarily

39
Q

Criminal acts are presumed ____________.
When there is compulsion or prevention by force or intimidation, there is no voluntariness in the act.

A

voluntary

40
Q

Requisites of Intentional Felonies (DOLO)
- There is _______________ doing an act or omitting to do an act. Under compulsion, irresistible force, or uncontrollable fear of equal or greater injury is exempt from criminal liability.

A

FREEDOM

41
Q

Requisites of Intentional Felonies (DOLO)
- There was __________________ while doing the act or omitting to do an act. One must be able to determine morality of human acts. Imbecile, insane, infant, child under 9 or if between 9-15 and acting without discernment, have no criminal liability as they are considered acting without intelligence.

A

INTELLIGENCE

42
Q

Requisites of Intentional Felonies (DOLO)
- There was _______________ while doing the act or omitting to do an act. Intent is a purely mental process and is presumed upon proof of commission of an unlawful act.

A

INTENT

43
Q

Requisites of Intentional Felonies (DOLO)
- Presupposes use of freedom and intellect. May be general or specific (i.e., intent to gain, to kill, etc.). Intent is different from ______________.

A

MOTIVE

44
Q

Requisites for Culpable Felonies (CULPA)
- There was _____________________ while doing an act or omitting to do an act.
- There was _________________ while doing the act or omitting to do an act.
- There was _______________, ________________, ________________, ______________ while doing or omitting to do an act.

A

FREEDOM;
INTELLIGENCE;
MPRUDENCE, NEGLIGENCE, OR LACK OF FORESIGHT or SKILL.

45
Q

The act performed must be __________. If it is unlawful, one will be liable for damage or injury caused.

A

lawful

46
Q

Crimes Punishable Under Special Penal
- Defined and penalized under _____________________(crimes not in RPC) passed by the national or local legislative.

A

special laws

47
Q
  • Dolo not required. Intent to commit crime immaterial. It is sufficient that the offender has the ____________ to perpetrate the act prohibited by the special law, provided done freely and consciously.
A

intent

48
Q

Example: Mere act of knowingly bringing a gun near a polling station in violation of the Election Law. It is immaterial that he had no intent to intimidate or interfere with the voting. Freely and consciously bringing a gun is already an offense.

A

Crimes Punishable Under Special Penal

49
Q

– wrongful from their nature
Example: homicide, theft, rape, etc. Governed by existence of intent.

A

Mala in se

50
Q

Those under the Revised Penal Code –

A

intentional and culpable felonies.

51
Q

– criminalizes the whole class of acts.
It took effect on January 1, 1932.
Provides for aggravating, mitigating, and exempting circumstances and their effect on penalty.

A

RPC

52
Q

– wrong merely because prohibited by statute.

Example: illegal that needs to be answered is whether the law has been violated.

A

Mala prohibita

53
Q

– act or omission is NOT MALICIOUS. Injury caused is unintentional, it being the incident of another act performed without malice. Wrongful acts result from imprudence, negligence, lack of foresight, or lack of skill.

A

Culpable felonies

54
Q

– deficiency in action. If a person fails to take necessary precautions to avoid injury. Usually involves lack of skill.

A

Imprudence

55
Q

– deficiency in perception. If a person fails to pay proper attention and to use due diligence in foreseeing the injury or damage impending to be caused. Usually involves lack of foresight.

A

Negligence

56
Q

Criminal acts are presumed voluntary.
When there is _________ or _________ by force or intimidation, there is no voluntariness in the act.

A

compulsion or prevention

57
Q

Requisites of Intentional Felonies (DOLO)
- There is ______________ while doing an act or omitting to do an act. Under compulsion, irresistible force, or uncontrollable fear of equal or greater injury is exempt from criminal liability.

A

FREEDOM

58
Q

Only question that needs to be answered is whether the law has been violated.

Mostly those under Special Penal Laws.
Certain crimes under special legislation contained in Republic Acts.

A

Mala prohibita

CA 3286 (10 decks)

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