Book 1

Question 1

The Revised Penal Code was drafted by a Committee created by Administrative Order No. 94 of the Department of Justice dated ____________.

Answer 1

October 18, 1927

Question 2

Effectivity of the Revised Penal Code: Article I provides that, the Code (Act No.____) shall take effect on _______

Answer 2

3815

January 1, 1932.

Question 3

The Revised Penal Code is divided into two books. Book 1 embraces articles ____, contains the general rules applicable to all felonies,
While Book 2, embraces articles ____, contains specific rules to particular crimes.

Answer 3

1-113

114-367

Question 4

________is that branch of division of law which:

a) defines crimes;
b) treats of their nature; and
c) provides for their punishment

Answer 4

Criminal Law

Question 5

________ is defined as an:
a) act committed; or
b) act omitted
in violation of public law commanding or forbidding it.

Answer 5

Crime

Question 6

Sources of Philippine Criminal Law:

Answer 6

a) The Revised Penal Code, and its amendments; and
(b) Special Laws passed by Congress which are penal in nature.
(c) Presidential Decrees during Martial Law era.

Question 7

The state has the authority under its _____ to define and punish crime in order to regulate the conduct of men in society for the purpose of attaining a peaceful community and fear to commit crimes.

Answer 7

police power

Question 8

Characteristics of Criminal Law:

Answer 8

1. General
2. Territorial
   3) Prospective

Question 9

It deals about persons who are here in the Philippines even as visitors or tourists. They are all bound by our criminal law once they committed crimes here.

Answer 9

General

Question 10

Exemption to the “General” Characteristics of Criminal Law

Answer 10

Law of preferential application
-Heads of States
-Ambassadors
-Ministers plenipotentiary
-Ministers Resident, and 
-Charge d' Affaires 
are not bound by our Criminal Law, and 
-consul under treaty stipulation.

Question 11

It deals about crimes committed within the territory of the Philippines, be it land or terrestrial, sea or maritime, or aerial.

Answer 11

Territorial

Question 12

Exemption to the “Territorial” Characteristics of Criminal Law

Answer 12

a) The offense was committed while on the Philippine ship or airplane;
b) Forging or counterfeiting any coin or currency notes of the Philippines or obligations and securities issued by the Government committed outside the country;
c) Importing or bringing into the Philippines any counterfeited or forged coin, currency note, or obligation or security issued by the government;
d) While being public officer or employee, should commit an offense in the exercise of his function; and
e) Should commit any of the crimes against national security and the law of nation as defined in the Title One, Book Two of the Revised Penal Code.

Question 13

It deals about the effectivity of the law that punishes the act committed or omitted.

Answer 13

Prospective

Question 14

Exemption to the “Prospective” Characteristics of Criminal Law
When a repealing law is favorable to the accused, it should be given retroactive effect, provided the accused or convicted offender is ______ and the law does not provide otherwise.

Answer 14

not a habitual criminal

Question 15

1) _____ are constructed or interpreted strictly against a government and liberally in favor of the accused. The rule that penal statutes should be strictly construed against the government and in favor of the accused can only be invoked when the law is ________. If it is very clear, then there is no need for interpretation, it must be applied accordingly; and
2) In the construction or interpretation of the penal law or the Revised Penal Code, the ______ text must prevail as it was written accordingly in Spanish.

Answer 15

Instruction of Penal Laws:

• Penal Laws
• ambiguous or unclear
• Spanish

Question 16

Theories of Criminal Law:

Answer 16

Classical Theory

Positivist Theory

Question 17

a) The basis of criminal liability is human free will and the purpose of penalty is retribution;
b) That man is essentially a normal creature with an absolutely free will to choose between good and evil thereby placing more stress upon the effect or result of the felonious act upon the man, the criminal himself;
c) It has endeavored to establish a mechanical, and direct proportion between crime and penalty; and
d) There is scant regard to the human element.

Answer 17

Classical Theory

Question 18

a) That man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong, in spite of, or contrary to his volition;
b) That crime is essentially a social and natural phenomenon, and as such cannot be treated and checked by the application of the abstract principles of law and jurisprudence nor by the imposition of a punishment fixed and determined a priori; but rather through the enforcement of individual measures in each particular case after a thorough personal and individual investigation conducted by a competent body of psychiatrists and social scientists.

Answer 18

Positivist Theory

Question 19

Application of our Criminal Laws:
a) Crimes committed on board foreign merchant vessel or airplane, our criminal laws have ____ jurisdiction or application;

Answer 19

NO

Question 20

Application of our Criminal Laws:

b) Crimes or offenses committed on board foreign merchant vessel while on Philippine Waters are triable ________

Answer 20

before our Courts (Adopting the English Rule);

Question 21

Application of our Criminal Laws:
c) Crimes or offenses not involving a breach of public order committed on board a foreign merchant vessel in transit are triable ________

Answer 21

NOT in our Courts

Question 22

Application of our Criminal Laws:
d) Philippine Courts have no jurisdiction over offenses committed on board a foreign warship even within our territory. ______ are always regarded to be an extension of the territory of the country where they belong.

Answer 22

Warships

Question 23

Acts and omissions punishable by law

Answer 23

Felony

Question 24

Example of Felony by act: A took the watch of B with intent to gain and without the knowledge and consent of B.

Answer 24

theft.

Question 25

Example of Felony by omission: A found B inside the forest wounded and dying. Instead of helping B, A left, afraid that he might get involved and might be suspected of causing injury to B.

Answer 25

Abandonment of Person in Danger (Article 275, para. 1, Revised Penal Code).

Question 26

Classification of Felonies:

Answer 26

1) Intentional Felony

2) Culpable Felony

Question 27

the act or omission of the offender is malicious, with deliberate intent or with malice.

Answer 27

Intentional Felony

Question 28

The act or omission of the offender is not malicious, nor intentional, it is merely the incident of another’s act performed without malice. The wrongful act results from imprudence, negligence, lack of skill or lack of foresight.

Answer 28

Culpable Felony

Question 29

Elements of Felony, in _____:

1) That there must be an act or omission;
2) That the act or omission must be punishable by law; and
3) That the act is performed or the omission incurred by means of deceit of fault.

Answer 29

General

Question 30

Elements of Felony Committed by ______:

1) You must have freedom while doing an act or omitting to do the act;
2) You must have intelligence while doing an act or omitting to do the act; and
3) You must have intent while doing the act or omitting to do the act.

Answer 30

Means of Deceit

Question 31

Elements of Felony Committed by _________

1) You must have freedom while doing an act or omitting to do the act;
2) You must have intelligence while doing an act or omitting to do the act; and
3) You must be imprudent, negligent, lack of skill or lack of foresight while doing an act or omitting to do the act.

Answer 31

Means of Fault (Culpa)

Question 32

While______ excuses no one from compliance therewith, _______relieves the accused from criminal liability.

Answer 32

Mistake of Fact as a Defense in Intentional Felony:

• ignorance of the law
• mistake of fact

Question 33

_____ is misapprehension of fact on the part of the person who caused injury to another. He is not however criminally liable because he did not act with intent.

Answer 33

Mistake of fact

Question 34

__________ destroys the presumption of criminal intent which arises upon the commission of a felonious act.

Answer 34

An honest mistake of fact

Question 35

1. That the act done would have been lawful had the facts been as the accused believed them to be;
2. That the intention of the accused in performing the act should be lawful; and
3. That the mistake must be without fault of carelessness on the part of the accused.

Answer 35

Elements of Mistake of Fact:

Question 36

One who resists an arrest believing that the police who is in plain clothes is a bandit, but submits himself immediately upon being informed by the policeman that he is indeed a policeman by flashing his ID

Answer 36

is not guilty of Resistance to an Agent of a Person in Authority under Article 151 of the Revised Penal Code because of honest mistake of fact.

Question 37

is the moving power which impels one to act for a definite result.

Answer 37

Motive

Question 38

is the purpose to use a particular means to effect such result.

Answer 38

Intent

Question 39

_____ is an element of a crime, while

____ is not.

Answer 39

Intent

motive

Question 40

When Motive is Relevant or Not Relevant:
Where the identity of the perpetrator is unknown or is in dispute, the motive that may have impelled its commission is _______.
Motive need not be established if the guilt of the accused is _________________.

Answer 40

relevant

shown beyond reasonable doubt

Question 41

How Motive is proved:
Generally, motive is established by the ____witnesses on the acts or _______ the accused before or immediately after the commission of the offense. Such deeds or words may indicate the motive. But proof of motive alone is not sufficient to support a _______.

Answer 41

testimony of
statements of
conviction

Question 42

NOTE: When the crime is punished by special law as a rule, _______ is not necessary. It is sufficient that the offender has______the act prohibited by said special law.

Answer 42

intent to commit the crime

perpetrated

Question 43

Classifications of Crimes According to its Nature:

Answer 43

1. Mala in Se

2. Mala Prohibita

Question 44

wrongful from its nature like rape, robbery, murder, etc.

Answer 44

Mala in Se

Question 45

a crime because the act is prohibited by special law, like: dynamite fishing, illegal logging, etc.

Answer 45

Mala Prohibita

Question 46

are those so serious in their effects on society as to call for the almost unanimous condemnation of the society

Answer 46

Mala in Se

Question 47

mala prohibita are violations of mere rules of convenience designed to secure a more orderly regulation of the affairs of the society.

Answer 47

Mala Prohibita

Question 48

Criminal Liability is incurred by any person who:

Answer 48

• Commits a felony although the wrongful act done be different from that which he intended to commit.
• Performs an act which would be an offense against persons or property were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means (Impossible Crime).

Question 49

Commits a felony although the wrongful act done be different from that which he intended to commit.

Answer 49

Aberratio Actus or mistake in blow
Praeter intentionem or the injurious result is greater than what was intended
Error in the personae or mistake in identity

Question 50

One who fired his gun at B but missed and hit instead C is liable for the injury caused to C although the one who fired the gun had no intention to injure C.

Answer 50

Aberratio Actus or mistake in blow

Question 51

One who gave a first blow on the head of B causing the latter to fall with his head first against the pavement resulting in his death by hemorrhage is liable for the death of B even though he had no intention to kill B but just to hit him in the head.

Answer 51

Praeter intentionem or the injurious result is greater than what was intended

Question 52

One who stabbed another in the dark believing that the latter was E when in fact he was G is liable for the injury caused to E although he had no intention to injure E.

Answer 52

Error in the personae or mistake in identity

Question 53

a) That the act performed would be an offense against person or property;
b) That the act was done with evil intent; and
c) That its accomplishment is inherently impossible or that the means employed is either inadequate or ineffectual.

Answer 53

Elements of Impossible Crime:

Question 54

Mr. A determined to poison B uses a small amount of arsenic by mixing it with the food served to B believing that the quantity is sufficient. But since the quantity is not sufficient, B did not die but only suffered LBM.

Answer 54

Employment of inadequate means (Impossible Crime)

Question 55

Mr. A tried to kill B by putting in his food a substance which he thought was arsenic when in fact it was sugar. B could not have been killed because sugar cannot kill a person.

Answer 55

Employment of ineffectual means (Impossible Crime)

Question 56

A saw his perennial enemy B came home after 10 years of escaping in the Mountain. On nighttime, A was able to get inside the house of B. A proceeded to the room of B whom he saw was sleeping. Without much ado, A stabbed B several times. When he switched on the light, he found out that no blood came out of the wounds of B, as B had been dead a few hours ago due to heart attack. It is impossible to kill an already dead person.

Answer 56

Inherent Impossibility (Impossible Crime)

Question 57

Purpose of the Law in Punishing Impossible Crimes:
To suppress criminal propensity on criminal tendencies. Objectively, the offender has ______ a crime but subjectively, he is a criminal.

Answer 57

NOT committed

Question 58

Stages of Execution:

Answer 58

1) Consummated Felony
2) Frustrated Felony
3) Attempted Felony

Question 59

A felony is _____ when all the elements necessary for its execution and accomplishment are present;

Answer 59

consummated

Question 60

It is ______ when the offender performs all the acts of execution which would produce the felony as a consequence but which nevertheless do not produce it by reason or causes independent of the will of the perpetrator; and

Answer 60

frustrated

Question 61

There is an ____ when the offender commences the commission of the felony directly by overt acts and felony by reason of some cause or accident other than his own spontaneous desistance.

Answer 61

attempt

Question 62

The accused lay on top of a girl nine years of age for over fifteen minutes. The girl testified that there was partial penetration of the male organ in her private part and that she felt intense pain.

Answer 62

a) Consummated rape

Question 63

Frustrated rape?

Answer 63

There is no such Frustrated rape.

Question 64

The accused placed himself on top of woman and raising her skirt in effort to get his knees between her legs while his hands held her arms firmly, endeavoring to have sexual intercourse with her, but not succeeding because the offended party was able to extricate herself and run away.

Answer 64

c) Attempted rape

Question 65

A stabbed B with intent to kill hitting the left chest of B penetrating the heart of B resulting in his instantaneous death.

Answer 65

Consummated

Question 66

Manuel Pasuquin was stabbed several times by Lazarte but the former did not die because of the timely medical attendance.

Answer 66

Frustrated

Question 67

Remolete intended to kill Rayray by Shooting the latter hitting him on his arms and legs not affecting the vital organs.

Answer 67

Attempted

Question 68

Development of the Crime:
From the moment the culprit conceives the idea of committing a crime up to the realization of the same, his act passes through certain stages. These stages are:

Answer 68

1. Internal act

2. External Acts

Question 69

Such as mere ideas is in the mind of a person, are not punishable even if his intention is criminal.

Answer 69

Internal act

Question 70

Mere intention producing no effect is no more a crime than a mere effect without the intention is a crime. In other words

Answer 70

intention and the effect must concur

Question 71

Pedro lustfully desires to have sexual intercourse with Mia but fears to do it as he knows that Mia may not like him.

Answer 71

It is not a crime as it is only in the mind of Pedro.

Internal Act

Question 72

cover the a) preparatory act, and b) act of execution.

Answer 72

External Acts

Question 73

Preparatory act normally is not punishable, like for example buying poison to kill Carlo. It is _____. But once there is an act of execution, like when he puts the poison into the food of Carlo, then it may become a crime as it may be attempted, frustrated or consummated, as the case may be.

Answer 73

not yet a crime

Question 74

Note: In _____ felony, the offense is commenced by overt act.

Answer 74

attempted

Question 75

is some physical activity or deed indicating the intention to commit a particular crime more than a mere planning or preparation which if carried to its complete termination following its natural course without having frustrated by external obstacles nor by voluntary dessistance of the perpetrator will logically ripen into a concrete offense.

Answer 75

An overt act

Question 76

A threw an upper cut to B but failed to hit B. The act of boxing is an overt act of _____.

Answer 76

physical injury

Question 77

A shot B with his firearm but did not hit B who jumped into the grassy portion of the road. The shooting is an overt act of _____.

Answer 77

homicide or murder as the case may be

Question 78

A fired his lighter and about to throw it into the roof of the house of B which is made of nipa but was caught by the police. The act of throwing a lighted lighter to the house is an overt act of _____

Answer 78

arson.

Question 79

A undressed himself while Miss B was lying on the bed unconscious and also naked but was caught by the woman’s parents was an overt act of ____

Answer 79

rape

Question 80

Conspiracy and Proposal to Commit Felonies:
As a general rule, conspiracy and proposal to commit a felony are ______.
Exception: they are punishable only in cases in which the law provides for their punishment.

Answer 80

not punishable

Question 81

Conspiracy and Proposal to Commit Felonies are Punishable under:

Answer 81

Art. 115-Conspiracy and Proposal to Commit Treason
Art. 136-Conspiracy and Proposal to Commit Coup d’ Etat, Rebellion or Insurrection
Art. 141-Conspiracy to Commit Sedition

Question 82

exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.

Answer 82

Conspiracy

Question 83

when the person or persons who decided to commit a felony propose its execution to some other person or persons.

Answer 83

Proposal

Question 84

Classification of Felonies According to their Gravity:

Answer 84

1. Grave Felonies
2. Less Grave Felonies
3. Light Felonies

Question 85

Are those where the law attaches the capital punishment or penalties which in any of their periods are afflictive.

Answer 85

Grave Felonies

Question 86

Are those where the law attaches punishments which in their maximum period are correctional; and

Answer 86

Less Grave Felonies

Question 87

Are those infractions of law for the commission of which, the penalty of arresto menor or a fine of not exceeding P 200.00 or both is imposed.

Answer 87

Light Felonies

Question 88

Notes: Capital Punishment

Answer 88

Death

Question 89

Afflictive Penalties

Answer 89

Reclusion Perpetua
Reclusion Temporal
Perpetual or Temporary Absolute Disqualification,
Perpetual or Temporary Special Disqualification, and
Prision Mayor.

Question 90

Correctional Penalties

Answer 90

Prision Correccional,
Arresto Mayor,
Suspension, and
Destierro.

Question 91

Light Penalty

Answer 91

Arresto Menor

Question 92

It is where the purpose of the offender in performing an act is not certain. Its nature in relation to its objective is ambiguous and unclear.

Answer 92

Indeterminate Offense:

Question 93

At early dawn, A was surprised by a policeman while in the act of making an opening with an iron bar on the wall of a store of cheap goods. At that time the owner was sleeping in the second floor. A had only succeeded in breaking one board and in unfastening another from the wall.

Answer 93

The case is not attempted robbery for he had not yet shown his intent to commit the offense by taking possession for the purpose of gain of some personal property. But the crime committed was Attempted Trespass to Dwelling because the intention of the accused was obviously disclosed by his acts.

Question 94

Light felonies are punishable only when they are _____.

However, ______ are punishable even if attempted or frustrated.

Answer 94

consummated

crimes against persons and property

Question 95

1. Art. 309, No. 1. Theft by hunting or fishing or gathering fruits, cereals or other forest or farm products upon an enclosed estate or field or where trespass is forbidden and the value of the thing stolen does not exceed P 5.00.
2. Art. 309, No. 8. Theft where the value of the stolen property does not exceed P 5.00 and the offender was prompted by hunger, poverty or the like.
3. Art. 313 alteration of boundary marks.
4. Art. 328, No. 3 Malicious mischief where the damage is not more than P 200.00 nor cannot be estimated.

Answer 95

Examples of Felonies Against Property:

Question 96

Example of Felony Against Person:

Answer 96

1. Slight physical injuries/maltreatment.

Question 97

Circumstances Affecting Criminal Liabilities:

Answer 97

1. Justifying Circumstances (Art. 11)
2. Exempting Circumstances (Art. 12)
3. Mitigating Circumstances (Art. 13)
4. Aggravating Circumstances (Art. 14)
5. Alternative Circumstances (Art. 15)

Question 98

is an element of responsibility, for a man cannot be made to answer for the consequence of the crime unless he is guilty.

Answer 98

Guilt

Question 99

are those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both civil and criminal liability.

Answer 99

Justifying circumstances

Question 100

In Justifying Circumstance, There is no civil liability except in ________, where the civil liability is borne by the person/s benefited by the act.

Answer 100

paragraph 4 of Article 11

Question 101

The following are Justifying Circumstances:

Answer 101

1. Self-Defense
2. Defense of Relatives
3. Defense of Stranger
4. Avoidance of Greater Evil or Injury
5. Fulfillment of Duty or Lawful Exercise of Right or Office.
6. Obedience to an Order Issued for Some Lawful Purpose

Question 102

First-Unlawful aggression (by the victim)
Second-Reasonable necessity of the means employed to prevent or repel the aggression (attack)
Third-Lack of sufficient provocation on the part of the person defending himself

Answer 102

Self-Defense

Question 103

is an indispensable requisite. There can be no self-defense until there has been ______ that must come from the victim.

Answer 103

Unlawful aggression

Question 104

Anyone who acts in defense of the person or rights of his/her SPOUSE, ASCENDANTS, DESCENDANTS, or LEGITIMATE, NATURAL or ADOPTED BROTHERS or SISTERS, or of his/her relatives by affinity in the same degrees and those by consanguinity within the fourth civil degree (first cousin)

Answer 104

Defense of Relatives

Question 105

First-Unlawful aggression (by the victim)
Second-Reasonable necessity of the means employed to prevent or repel the aggression (attack)
Third-In case the provocation was given by the relative attack, the relative making the defense had no part therein.

Answer 105

Defense of Relatives

Question 106

Anyone who acts in defense of the person or rights of the stranger, provided the following requisites concur:
First-Unlawful aggression (by the victim)
Second-Reasonable necessity of the means employed to prevent or repel the aggression (attack)
Third-The person defending the stranger be not induced by revenge, resentment or other evil motive against the victim.

Answer 106

Defense of Stranger

Question 107

Any person who in order to avoid an evil or injury against him does an act which causes damage to another, provided the following requisites concur:
First—That the evil sought to be avoided actually exists
Second–That the injury feared be greater than that done to avoid it
Third–That there be no other practical and less harmful means of preventing it.

Answer 107

Avoidance of Greater Evil or Injury

Question 108

means injury to person and damage to property.

Answer 108

Damage to another

Question 109

A person was driving a car on a narrow road with due diligence and care when suddenly he saw a truck in front of him. If he would swerve his car to the left, he would fall into the deep ravine, if to the right, he would kill a passerby. He was made to choose between losing his life or killing a passerby. He chose his life and ran over a passerby.

Answer 109

He did not commit a crime as one’s life is more important than the passerby. (Avoidance of Greater Evil or Injury)-Justifying Circumstance
Civil liability - the driver shall pay the heir of the victim

Question 110

Fire breaks out in a cluster of nipa houses, and in order to prevent the spread of fire to adjacent houses, he pulled down the surrounding houses. The pulling down of adjacent houses even made of strong materials in order to prevent further damage is justified.

Answer 110

(Avoidance of Greater Evil or Injury)-Justifying Circumstance
the civil liability shall be borne by the owners of the houses which were saved by the fire.

Question 111

The executioner of the New Bilibid Prison cannot be held liable in doing the lethal injection to the condemned convict.

Answer 111

Fulfillment of Duty or Lawful Exercise of Right or Office-Justifying Circumstance

Question 112

First-That an order has been issued by a superior
Second-That such order must be for some lawful purpose
Third-that the means used by the subordinate to carry out said order is lawful.
Note: Both the persons who gave the order and who executed it must be within the limitations prescribed by law.

Answer 112

Obedience to an Order Issued for Some Lawful Purpose

Question 113

are those grounds for exemption from punishment because there is wanting in the agent of the crime any condition which makes the act voluntary.

Answer 113

Exempting circumstances (non imputability)

Question 114

Basis: The exemption from punishment is based from the complete absence of _______,______,_____, and ______ on the part of the accused.

Answer 114

intelligence
freedom of action, or intent, or
in the absence of negligence

Question 115

Under the Revised Penal Code, a person must act with _____ or ______ to be criminally liable.

Answer 115

malice or negligence

Question 116

One who acts without intelligence, freedom of action or intent does not act with _____. On the other hand, one who acts without intelligence, freedom of action or fault does not act with ______.

Answer 116

malice

negligence

Question 117

The following are Exempting Circumstances:

Answer 117

1. An imbecile or an insane person
2. A person under 9 years of age
3. Minor over 9 years of age and under 15 who acted without discernment
4. Accident
5. Irresistible force
6. Uncontrollable fear
7. Prevented by insuperable cause

Question 118

An imbecile or an insane person who committed a crime is exempted from criminal liability. Note: If an insane person committed crime during ____, then he is criminally liable.

Answer 118

lucid interval

Question 119

is one who while advance in age has a mental development as that of child two or seven years of age.

Answer 119

An imbecile

Question 120

is a mental defect which makes one in capable to know what is right or wrong.

Answer 120

insanity

Question 121

When an insane or imbecile committed a crime, the court may order the ______of same to a mental hospital or asylum and shall not be permitted to leave without order of the same court.

Answer 121

confinement

Question 122

This must be construed nine years or less. Note that there is _______ in the case of a minor 9 years of age or less.

Answer 122

absolute irresponsibility

Question 123

which is said to be the second childhood is not exempting, it is only mitigating. The reason of exempting one from criminal responsibility is absence of intelligence.

Answer 123

Senility

Question 124

means the mental capacity of a minor between 9 and 15 years of age to fully appreciate the consequence of his act.

Answer 124

DISCERNMENT

Question 125

If a minor over 9 but under 15 committed crime with discernment, he is _____.

Answer 125

criminally liable

Question 126

Discernment may be shown in the following instances:

Answer 126

1. A minor after committing a crime of rape said to his victim, “Ang Sarap mo!”
2. A minor committed a crime during nighttime to avoid discovery.
3. A minor after hitting another with stone resulting in his blindness said, “Putang ina mo, mabuti natikman mo!”

Question 127

any person while performing a lawful act with due care causes an injury to another by mere accident without fault or intention of causing it.

Answer 127

Accident

Question 128

The accused while hunting, saw a wild chicken and fired a shot. The slug after hitting a wild chicken recoiled and struck a tenant in the land who was his relative, resulting in his death. The accused was acquitted as it was a clear accident. Firing at a wild chicken is no crime.

Answer 128

Accident (Exempting Circumstance)

Question 129

any person who acts under the compulsion of an irresistible force. This exempting circumstance presupposes that a person is compelled by means of force or violence to commit a crime.

Answer 129

Irresistible force (Exempting Circumstance)

Question 130

Mr. A witnessed when B killed C. A ran away as he was afraid but he was spotted by the killer who called him back and striking him with a butt of the rifle ordered him to bury the dead.

Answer 130

A cannot be charged of the crime as an accessory as he acted under the compulsion of irresistible force.
Note: In this case the basis of exempting is total absence of freedom.

Question 131

any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. This exempting circumstance is presupposing that a person is compelled to commit a crime by another but the compulsion is by means of intimidation or threat NOT force or violence in irresistible force.

Answer 131

Uncontrollable fear (Exempting Circumstance)

Question 132

Exaltation and Tanchico were compelled under fear of death to swear allegiance to the Katipunan whose purpose was to overthrow the government by force or arms. In this case, the two cannot be held criminally liable for rebellion because they joined the rebels under the impulse of uncontrollable fear of an equal or greater injury.

Answer 132

Note: The fear of death is greater than imprisonment if caught in committing rebellion.

Question 133

A confessed to a Filipino priest that he and several others were in conspiracy against the government. Under Art. 116, the priest must report the same to the governor or fiscal where he resides. If the priest does not disclose and make known to authorities concerned of the conspiracy, he is exempt from criminal liability because under the law the priest cannot be compelled to reveal an information which he cause to know by reason of confession by a penitent.

Answer 133

Prevented by insuperable cause-
any person who fails to perform an act required by law when prevented by some lawful or insuperable cause. (Exempting Circumstance)

Question 134

A policeman arrested a person who committed an offense in his presence and detained for more than 12 hours despite the fact that the crime is only slight. If the reason of the policeman is that he and the arrested person had to walk for more than 12 hours as there was no road and it was after 12 hours when they arrived at the court that he filed the case, he would be exempted from criminal liability.

Answer 134

Prevented by insuperable cause-
any person who fails to perform an act required by law when prevented by some lawful or insuperable cause. (Exempting Circumstance)

Question 135

Distinction between Justifying and Exempting Circumstances:
1. A person who acts by virtue of a justifying circumstances does not transgress the law. That he is deemed not committing a crime as in the eyes of the law his act is justifiable.
In justifying circumstances there is neither _____. No civil liability except in paragraph 4 (causing damage to another in state of necessity)
2. In exempting circumstances there is a crime committed but there is ______.
The act is not justified but the actor is not criminally liable as he is exempted from criminal responsibility.
In exempting circumstances, there is civil liability exempt in paragraph 4 (causing injury by a mere accident; failure to perform an act required by law when prevented by insuperable cause)

Answer 135

a crime nor a criminal

no criminal

Question 136

are those where the accused committed a crime but for reasons of public policy and sentiment, there is no penalty imposed.

Answer 136

Absolutory causes

Question 137

Art. 6-Spontaneous desistance of the person who commenced the commission of a felony, but desisted before he could perform all the acts of execution
Art. 20-Accessories who are exempt from criminal liability like spouses, ascendants, descendants, legitimate, natural and adopted brothers and sisters, or relatives by affinity within the same degree, EXCEPT when he profits by the effect of the crime or by assisting the offender to profit by the effect of the crime.
Art. 124-last paragraph
Art. 247-Paragraphs 1 and 2, death or physical injury inflicted under exceptional circumstances.
Art. 280-Exception to trespass to dwelling (when a person enters another’s dwelling to protect/prevent some serious harm to himself, the occupants of the dwelling or a third person).
Art. 332—No criminal but only Civil liability shall result from the commission of the crime of theft, swindling or malicious mischief committed by the following persons between themselves:
a) Spouses, ascendants and descendants or relatives by affinity in the same line.
b) The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another.
c) Brothers and sisters and brothers-in-law and sisters-in-law if living together.
Art. 344-In cases of seduction, abduction, acts of lasciviousness and rape, if the accused and the victim marry each other, it extinguishes criminal liability.

Answer 137

Other Absolutory Causes:

Question 138

A PNP Narcom agent representing himself as drug user, approached the accused and induced the latter to look for an opium den where they can use opium. The accused told the PNP Narcom that he already desisted from drug as he is now having a new life. But the agent was so insistent that the accused found one and the two of them used opium. After a While, the agent left for personal necessity but when he returned, policemen swooped the place arresting the accused. In this case, the accused was instigated by the Narcom agent to commit a crime.

Answer 138

INSTIGATION is an Absolutory Cause

Question 139

A PNP Narcom agent posed as drug user. He approached a person whom he knows as drug pusher. He asked if he could buy opium, which the other man said, if the price is right. When he gave his money, the man gave him ounces of opium. It was at that instance when policemen arrived and caught the drug pusher. In this case it is entrapment. The accused was induced by somebody to commit crime. Hence, he can be prosecuted.

Answer 139

ENTRAPMENT is NOT an Absolutory Cause

Question 140

are those which if present in the commission of the crime do not entirely free the actor from criminal liability but only serve to reduce the penalty.
Basis: Based on the diminution of either freedom of action, intelligence or intent or on the lesser perversity of the offender.

Answer 140

Mitigating Circumstances

Question 141

Classes of mitigating Circumstances:

Answer 141

a) Ordinary mitigating

b) Privileged mitigating

Question 142

Class of mitigating Circumstances enumerated in Article 13

Answer 142

Ordinary mitigating

Question 143

A penalty to be imposed upon a person over 9 but under 15 is two degrees lower; that the person is above 15 but under 18, one degree lower; a penalty of one or two degrees lower if the act is now wholly excusable; when there are two mitigating circumstances without aggravating circumstance, penalty is one degree lower.

Answer 143

Privileged mitigating

Question 144

Distinction:

1) Ordinary mitigating ____ by any aggravating circumstance. While privileged mitigating ____ by aggravating circumstances.
2) Ordinary mitigating if not offset by an aggravating circumstance produces only the effect of applying the penalty provided by law for the offense in the _____ in case of divisible penalty; privileged mitigating produces the effect imposing the offender the penalty lower by ________ than that prescribed by law for the crime.

Answer 144

1. can be offset
2. cannot be offset
3. minimum period
4. one or two degrees

Question 145

1. Incomplete justifying or exempting circumstances
2. Under 18 years of age or over 70 years of age
3. No intention to commit so grave a wrong
4. Sufficient provocation or treat by the victim preceded the act
5. Vindication of a grave offense committed by the victim against the accused spouse, ascendant, descendant, legitimate, natural, or adopted brothers or sisters or relative by affinity within the same degrees.
6. That the accused committed a crime after having acted upon passion or obfuscation
7. Voluntary surrender to a person in authority or his agent and voluntary confession of guilt before the court.
8. Physical defect of the offender (which restricts his means of action, defenses or communication with his fellow being)
9. Illness of the offender
10. Analogous Circumstances

Answer 145

Mitigating Circumstances:

Question 146

Incomplete self-defense (but take note that the requisite of unlawful aggression on the part of the victim must always be present)

Answer 146

Incomplete justifying or exempting circumstances

of Mitigating Circumstance

Question 147

The accused confined himself to just giving a single blow with a bolo wherein the victim was hit in right arm. But because of the absence of a doctor, the victim died of hemorrhage.

Answer 147

No intention to commit so grave a wrong (of Mitigating Circumstance)

Question 148

By provocation is understood any unjust or improper conduct or act of the offended party capable of exciting, inciting or irritating anyone.

Answer 148

Sufficient provocation or treat by the victim preceded the act (of Mitigating Circumstance)

Question 149

When there are causes naturally producing in a person powerful excitement, he loses his reason and self control thereby diminishing the exercise of his Will power.

Answer 149

That the accused committed a crime after having acted upon passion or obfuscation (of Mitigating Circumstance)

Question 150

A and B are common-law husband and wife for almost 20 years. A got jealous when he saw his wife in the house of C (B’s former boyfriend). The two (A and B) had a heated altercation until A became so excited that he killed B, his common-law wife. It can be noted that here A acted on an impulse so powerful that naturally produced passion.

Answer 150

That the accused committed a crime after having acted upon passion or obfuscation (of Mitigating Circumstance)

Question 151

Physical defect of the offender (which restricts his means of action, defenses or communication with his fellow being)

Answer 151

Physical defect of the offender (of Mitigating Circumstance)

Question 152

(as would diminish the exercise of the will power of the offender without depriving him of consciousness of his act BECAUSE if he is not conscious of his act he is exempted from criminal liability as he had no intelligence when he committed the act.

Answer 152

Illness of the offender (of Mitigating Circumstance)

Question 153

Over 60 years old with failing sight is analogous to over 70 years old.

Answer 153

Analogous Circumstances (of Mitigating Circumstance)

Question 154

are those which if attended in the commission of the crime serve to increase the penalty without however exceeding the maximum penalty prescribed by law.

Answer 154

Aggravating circumstances

Question 155

Basis: They are based on the greater perversity of the offender manifested in the commission of the felony as shown by

1) the motivating power itself,
2) the place of commission,
3) the means employed,
4) the time, and
5) the personal circumstances of the offender or of the offended party.

Answer 155

Aggravating circumstances

Question 156

Kinds of Aggravating Circumstances:

Answer 156

1) Generic
2) Specific
3) Qualifying
4) Inherent

Question 157

those that can be applied generally in all crimes

ex. dwelling in trespass to dwelling or trespassing.

Answer 157

Generic Aggravating Circumstance)

Question 158

those that apply only to particular crimes.

ex. Ignominy in crimes against chastity; cruelty and treachery in crimes against persons.

Answer 158

Specific Aggravating Circumstance)

Question 159

those that change the nature of the crime

ex. treachery or evident premeditation qualifies the killing to murder

Answer 159

Qualifying Aggravating Circumstance)

Question 160

those that must of necessity accompany the commission of the crime.
ex. evident premeditation is inherent in the cimes of robbery, theft, estafa, etc.

Answer 160

Inherent Aggravating Circumstance)

Question 161

1) The effect of a generic aggravating circumstance not offset by any mitigating circumstance is to increase the penalty to _______; while that of qualifying circumstances is not only give the crime its proper and exclusive name (like robbery, murder, etc.) but also to place the author of the crime in such a situation as to deserve no other penalty than that specially prescribed by law for the offense.

Answer 161

1. the maximum period not by degree

Question 162

2) A______ cannot be offset by a mitigating circumstance, a generic aggravating circumstance may be offset by a mitigating circumstance.

Answer 162

qualifying circumstance

Question 163

3) A qualifying aggravating circumstance to be such must be alleged in an information. If it is not alleged, it is only a _________________________.

Answer 163

generic aggravating circumstance

Question 164

1. Advantage taken of a public position
2. Contempt or insult to public authorities
3. Disregard of rank, age or sex and dwelling of offended party.
4. Abuse of confidence and obvious ungratefulness
5. Place and other places of commission of offense
6. That the crime is committed in the nighttime facilitating the same to insure safety or prevent discovery; in an uninhabited place meaning a solitary place or no houses at all or houses are scattered at great distance; or by a band meaning committed by more than 3 armed malefactors who acted together.
   7 . Crimes committed during calamity or misfortune.
7. Crime committed by the offender with the aid of armed men or persons who insure or afford impunity.
8. The accused is a recidivist
9. Reiteration or habituality
10. That the crime be committed in consideration of a price, reward or promise.
11. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive or by the use of any other artifice involving great waste and ruin.
12. That the act be committed with evident premeditation
13. That in committing a crime, CRAFT, FRAUD, or DISGUISE be employed.
14. That in committing a crime 1) advantage be taken of superior strength or 2) employed to weaken the defense.
15. That the crime is committed with treachery (alevosia)
16. That the means employed in committing a crime added ignominy to the natural effect of the crime/act.
17. That the crime be committed after an unlawful entry
18. That as a means to the commission of a crime, a wall, roof, floor, door or window be broken.
19. A crime committed 1) with the aid of a minor under 15 or 2) using a motor vehicle, airplane or other similar means in committing and escaping from the scene of the crime.
20. That the crime committed is deliberately augmented by cruelty.

Answer 164

Aggravating Circumstances:

Question 165

This is applicable only when the offender is a public officer, who used his influence, prestige or ascendancy while in office.
Example: A policeman in uniform abducted a woman by telling her to accompany her to her mother but instead brought the woman to an uninhabited place, and there and then raped the woman.

Answer 165

1. Advantage taken of a public position (Aggravating Circumstance)

Question 166

a crime is committed in contempt or with insult to the public authorities.
Example: A and B are quarreling on a street and the municipal mayor upon passing by attempted to separate the two but the two continued fighting each other until one was killed.

Answer 166

Contempt or insult to public authorities (Aggravating Circumstance)

Question 167

Contempt or insult to public authorities
(Aggravating Circumstance)
Note: A public authority is sometimes called a person in authority. This aggravating circumstance is not applicable when the crime is committed in the presence of _______

Answer 167

an agent of a person in authority.

Question 168

Examples:

1) A, a young man killed a 90 year old man
2) Adultery committed in the house and in bedroom of the offended party
3) A big burly man strangled to death a 16 year old woman

Answer 168

3. Disregard of rank, age or sex and dwelling of offended party. (Aggravating Circumstance)

Question 169

Examples:

1) A domestic servant killed a one year old son of his employer
2) A stabbed B to death at the time when B was serving him (A) his dinner.

Answer 169

4. Abuse of confidence and obvious ungratefulness (Aggravating Circumstance)

Question 170

Robbery committed while strong typhoon is actually devastating the place.

Answer 170

7 . Crimes committed during calamity or misfortune.

Aggravating Circumstance

Question 171

1) That the offender is on trial for an offense
2) That he was previously convicted by final judgment of another crime
3) That both the first and the second 0ffenses are embraced in the same title of the Revised Penal Code.
4) That the offender is convicted of the new offense

Answer 171

9. The accused is a recidivist

Aggravating Circumstance

Question 172

A was convicted of robbery on December 20, 1990. On June 20, 1997, he was charged of theft.

Answer 172

A is a recidivist because robbery and theft are embraced in the same title of the code.

Question 173

1) That the accused is on trial for an offense
2) That he previously served sentence for another offense in which the law attaches an equal or greater penalty or for two or more crimes to which it attaches lighter penalty than that for the new offense
3) That he is convicted of the new offense

Answer 173

10. Reiteration or habituality (Aggravating Circumstance)

Question 174

a) In _____ it is necessary that the offender shall have served out his sentence for the first offense; whereas in _____, it is enough that a final judgment has been rendered in the first offense.

Answer 174

1. habituality,

2. recidivism

Question 175

b) In habituality, the previous and subsequent offenses must not be embraced in ______ of the Revised Penal Code; whereas, in recidivism it is required that the offenses be included in ______ of the Revised Penal Code.

Answer 175

1 and 2. the same title

Question 176

c) Habituality is _____ an aggravating circumstance; whereas, recidivism is always to be taken into consideration in fixing the penalty to be imposed upon the accused.

Answer 176

not always

Question 177

A wanted to eliminate his business rival B, hired C to kill B which C did.

Answer 177

That the crime be committed in consideration of a price, reward or promise. (Aggravating Circumstance)

Question 178

A killed his wife B setting their house on fire, or by putting poison in her food, or by throwing a hand grenade at her.

Answer 178

That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive or by the use of any other artifice involving great waste and ruin. (Aggravating Circumstance)

Question 179

meaning before the crime is committed the offender had a deliberate plan in executing it.
Note: Evident premeditation is very hard to prove.

Answer 179

That the act be committed with evident premeditation (Aggravating Circumstance)

Question 180

is that the execution of the criminal act must be preceded by cool thought and reflection upon the resolution to carry out the criminal intent during the space of time sufficient to arrive at a calm judgment. Note: Premeditation must be evident.

Answer 180

The essence of premeditation

Question 181

1) A man invited his lady friend to go to his house as her mother is waiting for her but in fact her mother was in their place in Ilocos. And while in the house of A, the latter raped the woman.

Answer 181

Craft (Aggravating Circumstance)

Question 182

2) A at the middle of the night pretended to buy cigarettes in the store of B. When B opened his store to A, the latter attacked and killed B.

Answer 182

Fraud (Aggravating Circumstance)

Question 183

3) A covered his face with handkerchief and held up B.

Answer 183

Disguise (Aggravating Circumstance)

Question 184

Examples:

1) A, who is big and strong man killed a child
2) A, with a bolo hacked a woman

Answer 184

(advantage be taken of) superior strength

Aggravating Circumstance

Question 185

3) A, while fighting B casts sand or dirt upon the latter’s eyes and then killed him

Answer 185

means employed to weaken the defense (Aggravating Circumstance)

Question 186

There is_____ when the offender commits any of the crimes against the person employing means, method or form in the execution thereof which tend directly and specially to insure its execution without risk to himself arising from the defense which the offended party might make.
Note: This is applicable only in crimes against person

Answer 186

treachery (alevosia)

Question 187

Attacking a victim at the back without the latter’s knowing it, or killing a victim who is hogtied, or killing the victim while asleep.

Answer 187

16. That the crime is committed with treachery (alevosia)

Aggravating Circumstance

Question 188

it is a circumstance pertaining to the moral order which adds disgrace and obloquy to the material injury caused by the crime

Answer 188

IGNOMINY

Question 189

There is _______ when an entrance is effected by a way not intended for the purpose. Note: It must be a means of entrance not for escape.

Answer 189

unlawful entry

Question 190

Examples:
Breaking a wall of the house is crime of robbery
Scaling a house to enter through the window to commit murder.

Answer 190

That as a means to the commission of a crime, a wall, roof, floor, door or window be broken. (Aggravating Circumstance)

Question 191

After hog-tying the victim, the accused extracted the victim’s eyes from the socket with the pointed cane before killing the Victim. Killing a person little by little beginning from cutting the fingers.

Answer 191

That the crime committed is deliberately augmented by cruelty. (Aggravating Circumstance)

Question 192

refers to physical suffering of victim purposely intended by offender. Cruelty must occur before killing the victim.

Answer 192

Cruelty

Question 193

involving moral suffering;

Answer 193

Ignominy

Question 194

refers to physical suffering

Answer 194

Cruelty

Question 195

are those which must be taken into consideration as aggravating or mitigating according to the nature and effect of the crime and other conditions attending its commission.
Basis: The nature and the effect of the crime and other conditions attending its commission.

Answer 195

Alternative circumstances (aggravate/mitigate)

Question 196

The following are Alternative Circumstances:

Answer 196

1. Relationship
2. Intoxication
3. Degree of instruction and education of offender

Question 197

The alternative circumstance of relationship shall be taken into consideration when the offended party is the-

a) spouse
b) ascendant
c) descendant
d) legitimate, natural or adopted brother or sister-

Answer 197

a) spouse-aggravating
b) ascendant-aggravating
c) descendant-mitigating depending upon the crime
d) legitimate, natural or adopted brother or sister-if older may be aggravating, if younger may be mitigating.

Question 198

a) Mitigating-if intoxication is __________ to the plan to commit a crime.
b) Aggravating-if intoxication is __________ to plan to commit a crime or as a way to embolden himself.

Answer 198

1. not habitual or if intoxication is not intentional/subsequent
2. habitual or if it is intentional or subsequent

Question 199

is mitigating in theft of large cattle committed by uncivilized Ilongot

Answer 199

Lack of instruction

-Alternative circumstances (aggravate/mitigate)

Question 200

Persons Criminally Liable (Art. 16)

The following persons are criminally liable for grave and less grave felonies:

Answer 200

1) Principal
2) Accomplices
3) Accessories

Question 201

Persons Criminally Liable (Art. 16)

The following are criminally liable for light felonies:

Answer 201

1) Principal

2) Accomplices

Question 202

In all crimes, there are always 2 parties, namely:

Answer 202

the active subject and the passive subject.
The active-criminal,
the passive-offended party.

Question 203

Note: Only _______ can be the active subject since the Revised Penal Code provides that the accused must act with malice or negligence.

Answer 203

natural person

Question 204

A ______ like a corporation cannot act with malice as it has no feeling.

Answer 204

juridical person

Question 205

The following are Considered Principals:

Answer 205

1. Principal by direct participation
2. Principal by induction
3. Principal by indispensable cooperation

Question 206

one who takes a direct part in the execution of the Act. Example: A killed B.

Answer 206

1. Principal by direct participation

Question 207

one who induces another to commit a crime. Example: A hired the services of B in killing C, which E did.

Answer 207

A is a principal by inducement, B principal by direct participation.

Question 208

one who cooperates in the commission of the offense by another act without which it would not have been accomplished. Example: A was spurned or dejected by B, a woman. C, is the landlady of the Boarding House where B lived. C happened to be a relative of A. One day A talked to C, and C gave the duplicate key to A. A with a duplicate key opened the room of B and then and there raped B.

Answer 208

A is principal by direct participation, and C as a principal by indispensable cooperation, as without C giving the duplicate key to A, the crime would not have been committed.

Question 209

are those who not being included as principals either by direct participation, by induction or by indispensable cooperation, cooperate in the execution of the crime by previous (before the offense committed) or by simultaneous means (happening at the same time)
Example: The driver of a taxicab who knowing that his friends were going to stage a holdup, agreed to drive his automobile and brought them to the bank then after staging a successful holdup brought the group back to safe place. The driver cooperated in the execution of the crime.

Answer 209

Accomplices (Art. 18)

Question 210

1. That there be community of design: that is, knowing the criminal design of the principal by direct participation, he concurs with the latter in his purpose.
2. That he cooperates in the execution of the offense by previous or simultaneous acts with the intention of supplying material or moral aid in execution of the crime in an efficacious way; and
3. That there be relation between the acts done by the principal and those attributed to the person charged as accomplice. Note: In the crime against person in which the victim died, the wound which did not cause death if victim incurred several wounds committed by two persons, was the wound inflicted by the accomplice provided there was no conspiracy.

Answer 210

Requisites in Determining one as Accomplice:

Question 211

are those who having knowledge of the commission of the crime and without having participated therein either as principal or as an accomplice take part subsequent thereto in any of the following manners:

1. By profiting themselves or assisting the offender to profit by the effects of the crime.
2. By concealing or destroying the body of the crime or the effects or instruments thereof in order to prevent discovery.
3. By harboring, concealing or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder or an attempt to take the life of the Chief Executive or is known to be habitually guilty of some other crime.

Answer 211

Accessories (Art. 19)

Question 212

Example: A received watch from his friend B knowing that it was stolen by B and used it. A is an accessory as he profits by the effect of the crime. Watch was an effect of the crime.

Answer 212

1. By profiting themselves or assisting the offender to profit by the effects of the crime.
   (Accessories )

Question 213

Example: A buried the corpse of B who was killed by his friend Y. And because of that it took time for the authorities to discover the crime.

Answer 213

A is an accessory as he concealed the effect of the crime.
2. By concealing or destroying the body of the crime or the effects or instruments thereof in order to prevent discovery.

Question 214

Example: Mayor Ruiz of Cabiao, Laguna refused to prosecute B of the crime of homicide and thus made possible for B to escape. The mayor abused his public function.

Answer 214

3. By harboring, concealing or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder or an attempt to take the life of the Chief Executive or is known to be habitually guilty of some other crime. (Accessories )

Question 215

An accessory is exempted from criminal liability even if he performed the acts mentioned in paragraphs 2 and 3 of Art. 19, when the principal is his:

Answer 215

a) spouse
b) ascendant
c) descendant
d) legitimate, natural or adopted brother or sister or relative by affinity within the same degree.

Question 216

The exemption provided for in this article is based on the ties of blood and preservation of the cleanliness of one’s name which compel one to conceal crimes committed by relatives so near as those mentioned above.

Answer 216

Grounds of Exemption of Accessories

Question 217

is the suffering that is inflicted by the State for the transgression of the law.

Answer 217

Penalty

Question 218

sense signifies pain; considered the juridical sphere, it means suffering undergone because of the action of human society by one who commits a crime.

Answer 218

Penalty in its general

Question 219

1. Must be productive of suffering without however affecting the integrity of the human personality.
2. Must be commensurate with the offense, different crimes must be punished with different penalties.
3. Must be personal, no one should be punished for the crime of another.
4. Must be legal, it is the consequence of a judgment according to law.
5. Must be certain, no one may escape its effect.
6. Must be equal for all
7. Must be correctional

Answer 219

Different Juridical Conditions of Penalty:

Question 220

Theories justifying Penalty:

Answer 220

1. Prevention
2. Self-defense
3. Reformation
4. Exemplarity
5. Justice

Question 221

the State must punish the criminal to prevent or suppress the danger to the State arising from the criminal acts of offender.

Answer 221

1. Prevention

Question 222

the State has a right to punish the criminal as measure of self-defense so as to protect society from the threat and wrong inflicted by the criminals.

Answer 222

2. Self-defense,

Question 223

the object of punishment in criminal cases to correct and reform the offender.

Answer 223

3. Reformation,

Question 224

the criminal is punished to serve as example to deters others from committing crime.

Answer 224

4. Exemplarity,

Question 225

the crime must be punished by the State as an act of retributive justice, a vindication of absolute right and moral violated by the criminal.

Answer 225

5. Justice,

Question 226

Penalty Under this Code has Three Fold Purpose:

Answer 226

1. Retribution or expiation
2. Correction or reformation
3. Social defense

Question 227

the penalty is commensurate with the gravity of the offense.

Answer 227

Retribution or expiation,

Question 228

as shown by the rules which regulate the execution of the penalties consisting in the deprivation of liberty.

Answer 228

Correction or reformation,

Question 229

as shown by the inflexible severity to recidivists and habitual delinquents.

Answer 229

3. Social defense,

Question 230

No felony shall be punishable by any penalty not prescribed by law prior to its commission.

Answer 230

Penalties that may be Imposed (Art. 21)

Question 231

Pardon by the Offended Party (Art. 23)
A pardon by the offended party does not extinguish criminal action except as provided in ______________________when the offended party impliedly or expressly pardon the accused, pardon bars prosecution (not extinguish). In case of pardon in these two cases, criminal prosecution can no longer be instituted.

Answer 231

Art. 344 in the crimes of adultery, concubinage,

Question 232

Classification of Penalties (Art. 23) Principal Penalties:

Answer 232

Capital Punishment
Afflictive Penalties
Correctional penalties
Light Penalties

Question 233

Capital Punishment

Answer 233

Death

Question 234

Afflictive Penalties

Answer 234

Reclusion Perpetua Reclusion Temporal
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Prision mayor

Question 235

Correctional penalties

Answer 235

prision correccional arresto mayor
Suspension
Destierro

Question 236

Light penalties

Answer 236

Arresto menor

Public censure

Question 237

Penalties common to the preceding classes:

Answer 237

Fine

Bond to keep the peace

Question 238

Accessory Penalties:

Answer 238

Perpetual temporary absolute disqualification
Perpetual temporary special disqualification
Suspension from public office, the right to vote and be voted for the profession or calling.
Civil interdiction
Indemnification
Forfeiture or confiscation of instrument and proceeds of the offense
Payment of cost

Question 239

Penalties according to their divisibility:

Answer 239

Divisible

Indivisible

Question 240

Divisible Penalties

Answer 240

prision mayor
arresto mayor,
reclusion temporal, etc.

Question 241

Indivisible Penalties

Answer 241

death,

reclusion perpetua

Question 242

Classification of penalties according to subject matter:
Corporal
deprivation of freedom
deprivation of rights
pecuniary

Answer 242

Corporal-death
deprivation of freedom-reclusion, prision, arresto
deprivation of rights-disqualification, suspension
pecuniary-fine

Question 243

Classification of penalties according to subject matter: 
Corporal
deprivation of freedom
deprivation of rights
pecuniary

Answer 243

Corporal-death
deprivation of freedom-reclusion, prision, arresto
deprivation of rights-disqualification, suspension
pecuniary-fine

Question 244

Classification of penalties according to their gravity: 
Capital
Afflictive 
Correctional 
Light

Answer 244

Capital-death
Afflictive-reclusion perpetua, reclusion temporal, etc.
Correctional-prision correccional, arresto mayor, etc.
Light-arresto menor, public censure

Question 245

Fine: When afflictive, Correctional or Light;
Afflictive
Correctional
Light

Answer 245

Afflictive-If fine exceeds P 6,000.00
Correctional-If fine does not exceed P 6,000.00 but is not less than P 200.00
Light-If fine is less than P 200.00

Question 246

Duration of Penalties:

Perpetual penalties,

Answer 246

convict is pardoned after undergoing the penalty for 30 years, except when he is not worthy of pardon by reason of his conduct or some other serious cause.

Question 247

Duration of Penalties:

Reclusion Perpetua,

Answer 247

20 years and 1 day to 40 years.

Question 248

Duration of Penalties:
Prision mayor and temporary disqualification, ______________________except when disqualification is accessory penalty in which cases its duration is that of the principal penalty.

Answer 248

6 years and one day to 12 years

Question 249

Duration of Penalties:
Prision correccional, suspension and destierro,
_______________, except when suspension is an accessory penalty in which cases its duration is that of the principal penalty.

Answer 249

6 months and one day to 6 years

Question 250

Duration of Penalties:

Arresto mayor,

Answer 250

1 month and 1 day to 6 months

Question 251

Duration of Penalties:

Arresto menor,

Answer 251

1 day to 30 days

Question 252

Duration of Penalties:

Bond to keep peace, the period during which the bond shall be effective is______

Answer 252

discretionary to the court.

Question 253

Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty with the full time during which they have undergone preventive imprisonment, if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners except in the following cases:
1. When they are recidivists or have been convicted twice or more times of any crime; and
2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.
Note: If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with 4/5 of time during which he has undergone preventive imprisonment.

Answer 253

Preventive Imprisonment (Art. 29)

Question 254

Only the President can grant ____ to convicted offender

Answer 254

Pardon (Art. 36)

Question 255

Pardon may be

Answer 255

a) Absolute

b) Conditional

Question 256

which carry with it restoration of all political rights of the pardonee if expressly restored by the terms of the pardon, and extinguishment of criminal liability.

Answer 256

a) Absolute Pardon

Question 257

Which has conditions for the pardonee to comply.

Answer 257

b) Conditional Pardon

Question 258

Effect of Pardon:
A pardon does NOT restore the right to hold public office or the right of suffrage, EXCEPT when the pardon is ______ and it is expressly so restored.
A pardon does not exempt the pardonee from payment of ___

Answer 258

absolute

civil liabilities.

Question 259

Limitations of Pardon:

That it can only be granted after conviction that it cannot be granted in case of ______

Answer 259

impeachment

Question 260

is one which is personal liability of the convict who has no property with which to meet the fine, at the rate of P 8.00 per day.

Answer 260

Subsidiary penalty

Question 261

at least two crimes must be committed and is punished as only one crime although two or more crimes are actually committed.

Answer 261

Penalty for Complex Crime (Art. 48)

Question 262

TWO kinds of Complex Crimes;

Answer 262

compound crime

complex crime proper.

Question 263

1. When single act constitutes two or more grave or less grave felonies.

Answer 263

compound crime

Question 264

2. When an offense is an accessory means for committing the other.

Answer 264

complex crime proper.

Question 265

Placing a time bomb in a plane which caused it to explode in mid-air killing 13 persons constitutes a complex crime of multiple murder and destruction of property.

Answer 265

Compound Crime

Question 266

Falsification of public document by the town treasurer and spending for his own benefit the money of the government. The falsification is a necessary means to malverse the money of the government.

Answer 266

Complex crime proper

Question 267

Note: In ____, the penalty of the graver offense shall be imposed in its maximum period.

Answer 267

complex crime

Question 268

consists in the successive execution by the same individual or different criminal acts upon which no conviction has yet been declared.

Answer 268

Plurality of Crimes:

Question 269

Kinds of Plurality of Crimes:

Answer 269

Formal or ideal plurality

Real or material plurality

Question 270

two or more crimes actually committed but there is only one penalty, that is the penalty of the graver offense in the maximum period.

Answer 270

Formal or ideal plurality (complex crime)

Question 271

there are different crimes committed. The offender shall be punished for each and every offense that he committed.

Answer 271

Real or material plurality

Question 272

A stabbed B then seeing C, stabbed C then stabbed D. In this case, A shall responsible for the death of B, C, and D separately. This is not complex crime as stabbing B is not necessary to stab C and so on.

Answer 272

Real or material plurality

Question 273

is a single crime consisting of series of acts but all arising from one criminal resolution, committed in one place and about the same time.

Answer 273

A continuous or continued crime

Question 274

is a continuous unlawful act or series of acts on the foot by a single impulse and Operated by an unintermittent force however long a time it may occupy.

Answer 274

A continuing offense or delito continuido

Question 275

Although there is a series of acts, there is only one crime committed, hence, _____ is imposed.

Answer 275

one criminal penalty

Question 276

A thief who takes from the yard of a house two cocks belonging to two different persons commits only one crime for the reason that there is a unity of thought in the criminal purpose of the offender.

Answer 276

Continued Crimes:

Question 277

1. If the penalty for the felony committed be higher than the penalty for the offense which the accused intended to commit, the lower penalty shall be imposed in its maximum period.
2. If the penalty for the felony committed be lower than the penalty for the offense which the accused intended to commit, the lower penalty shall be imposed in the maximum period.
3. If the act committed also constitutes an attempt or frustration of another crime, and the law prescribes a higher penalty for either of the latter, the penalty for the attempted or frustrated crime shall be imposed in its maximum period.

Answer 277

Penalty for Crime not intended resulting from mistake in identity (Art. 49) In reference to Art. 4:

Question 278

Penalty for Impossible Crime (Art. 59):

The penalty for impossible crime is “______” or a fine ranging from _____.

Answer 278

arresto mayor

P 200.00 to P 500.00

Question 279

Bases for the imposition of penalty:

Answer 279

a) social danger; and b) degree of criminality shown by the offender.

Question 280

The Divisible Penalties

Divided into 3 periods:

Answer 280

a) minimum period
b) medium period
c) maximum period

Question 281

Prision Mayor divisible penalties

Answer 281

Prision mayor (6 years and 1 day to 12 years)
Minimum (6 years and 1 day to 8 years)
Medium (8 years and 1 day to 10 years)
Maximum (10 years and 1 day to 12 years)

Question 282

A person is a _____ if within a period of 10 years from the date of his release or last conviction of the crime of

1) serious or less serious physical injuries,
2) robbery,
3) theft,
4) estafa, or
5) falsification, he is found guilty of any of said crimes a third time or oftener.

Answer 282

habitual delinquent

Question 283

Penalty to imposed Upon a Person Under 18 years of age:

1) Over 9 but under 15 who acted with discernment ______
2) Over 15 but under 18 penalty ____ than prescribed by law for the offense committed.

Answer 283

1. lower at least by two degrees

2. next lower in degree

Question 284

provides an imposition of a sentence for an offense punishable by the Revised Penal Code or its amendments, the court shall sentence the accused to an indeterminate sentence, the maximum term which shall be that which, in view of the attending circumstances, could be properly imposed under the rules of the Penal Code, and the maximum shall be within the range of the penalty next lower to that prescribed by the code for the offense. (See Sec. 1 Act 4303, as amended). Thus, it was held that under the Indeterminate Sentence Law, if the offense is punishable under the Revised Penal Code, the minimum penalty should be Within any of the periods of the penalty next lower in degree to that prescribed by law, and the maximum thereof should be Within the proper period of the penalty that may be imposed where the sentence is a straight penalty. (People vs. Ducosin, 59 Phil. 109)

Answer 284

Indeterminate Sentence Law Act. No. 4103, as amended by Act No. 4225 and RA. 4203)

Question 285

If the offense is punishable by special law, the court shall sentence the accused to an_______, the maximum term of which shall not exceed the maximum fixed by said law and the minimum shall not be less than the minimum term prescribed by the same. Thus, if the penalty prescribed by law is one year to five years, the court may impose the penalty of one year to two years, or one year to four years.

Answer 285

indeterminate sentence

Question 286

1) Those convicted with penalty punished with death or life imprisonment;
2) Those convicted of treason, rebellion, sedition or espionage;
3) Those convicted of treason, conspiracy or proposal to commit treason;
4) Those convicted of piracy;
5) Those who are habitual delinquents;
6) Those who have escaped from confinement or evaded;
7) Those who having been granted conditional pardon by the Chief Executive shall have violated the terms thereof;
8) Those whose maximum term of imprisonment does not exceed one year;
9) Those already sentenced by final judgment at the time of the approval of the Indeterminate Sentence Law; and
10) Where the penalty imposed is suspension or destierro as these do not involve any imprisonment.

Answer 286

Convicts not entitled to Indeterminate Sentence:

Question 287

Said Act provides for indeterminate sentence and parole for all persons convicted of certain crimes by the court, and to create a Board of Indeterminate Sentence. The court shall, instead of a single penalty, determine two penalties referred to in Indeterminate Sentence Act as the maximum and minimum. The Act tends to favor the convicted person.

Answer 287

Indeterminate Sentence Law (Act. No. 4103) (as amended by Act. No. 4225)

Question 288

A is a convicted felon, his penalty is from one year and 1 day to 5 years.

Answer 288

The court can impose the penalty from 2 years and 1 day as minimum to 3 years as an indeterminate sentence. Or from 1 year and 1 day to 4 years. Or 3 years and 1 day to 5 years.
Note: The maximum of the sentence should not exceed the 5 year period and the minimum term should not be less than 1 year.

Question 289

Total Extinction of Criminal Liability:

Answer 289

1. By death of the convict, as to personal penalty; as to civil liability it is extinguished only if the death occurs before the final judgment.
2. By service of sentence
3. By amnesty
4. By absolute pardon
5. By prescription of crime
6. By prescription of penalty
7. By marriage of the offended woman with the accused as provided under Art. 344 Amnesty is an act of the sovereign granting oblivion or a general pardon for a past offense and is rarely, if ever, exercised in favor of a single individual and is usually exerted in behalf of certain classes of persons who are subject to trial but have not yet been convicted.

Question 290

is an act of the sovereign granting oblivion or a general pardon for a past offense and is rarely, if ever, exercised in favor of a single individual and is usually exerted in behalf of certain classes of persons who are subject to trial but have not yet been convicted.

Answer 290

Amnesty

Question 291

is an act of grace proceeding from the power entrusted with the execution of the laws which exempted the individual on whom it is bestowed from punishment the law inflicts for the crime he has committed.

Answer 291

Pardon

Question 292

Kinds of Pardon:

Answer 292

a) absolute pardon

b) conditional pardon

Question 293

The State loses the right to prosecute the crime or to demand the service of penalty imposed as the right has been lost by lapse of time.

Answer 293

By prescription of crime and penalty:

Question 294

Prescription of Crimes (Art. 90):

Punishable by death, reclusion perpetua, reclusion temporal, prescribe in ____

Answer 294

20 years

Question 295

Punishable by afflictive penalties, prescribe in ________

Answer 295

15 years

Question 296

Punishable by correctional penalties, prescribe in _____ Except arresto mayor presctibes in ______

Answer 296

10 years…5 years

Question 297

Light penalties and Libel and other similar offenses, prescribe in _____

Answer 297

1 year

Question 298

Oral defamation and slander by deed, prescribe in _____

Answer 298

6 months

Question 299

Light Offenses prescribe in ____

Answer 299

2 months

Question 300

prescription of crime: Note: When the penalty prescribed by law is a compound one, the _____penalty shall be made the basis of the application of the rules above.

Answer 300

highest

Question 301

Computation of Prescription of Crimes (Art. 91)

1. The period of prescription commences to run from the day on which the crime is discovered by the offended party, the authorities or their agents.
2. It is interrupted by the filing of the complaint or information.
3. It commences to run again when such proceedings terminated without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to him.
4. The term of prescription shall not run when the offender is absent from the Philippines.

Answer 301

1. The period of prescription of penalties commences to run from the date the culprit evaded the service of his sentence.
2. It is interrupted if the convict:
   a) gives himself up
   b) be captured
   c) goes to a foreign country which we have no extradition treaty
   d) commits another crime before the expiration of the prescriptive period
3. The period of prescription of penalties shall commence to run again when the convict escapes again after having been captured and returned to prison.

Question 302

Partial Extinction of Criminal Liability (Art. 94)

Answer 302

1. Conditional Pardon
2. Commutation of Sentence
3. Good Conduct Allowance Earned While serving Sentence
4. Parole
5. Probation

Question 303

is considered a contract between the President and the convict and that the President will release the convict, who in return will follow or comply with the condition. One of the conditions is that, the convict will not violate again the law of the country.

Answer 303

Conditional Pardon

Question 304

It is the reduction of the penalty imposed by the President. Death to Life Imprisonment

Answer 304

Commutation of Effected Sentence:

Question 305

It is the deduction from the duration of the sentence because of convict’s good behavior (Art. 97)

Answer 305

Good Conduct Allowance

Question 306

Good Conduct Allowance is different from that provided under _____ which is an extraordinary reduction of full time or four-fifths of the preventive imprisonment from the term of the sentence.

Answer 306

Art. 29

Question 307

A prisoner is also entitled to special time allowance for loyalty (Art. 98) A reduction of _____ of the period of the sentence is granted to loyal prisoner who returned voluntarily after having left the place of confinement under Art. 158, RPC.

Answer 307

1/5

Question 308

Note: Parole should also be included in the partial extinction of criminal liability. A parole is granted after the prisoner served the minimum period of his _______. It is granted by the President upon the recommendation by Board of Pardon and Parole.

Answer 308

indeterminate sentence

Question 309

Allowance for Good Conduct:

Answer 309

1. During the 1 to 2 years of imprisonment-5 days each month of good behavior
2. During 3 to 5 years, 8 days each month
3. Following years until 10 years, 10 days each month
4. 11 years and so on, 15 days each month

Question 310

Note: Good Conduct Allowance is not an automatic right. It is granted by the ________. Once granted, it cannot be revoked or recalled.

Answer 310

Director of Prisons

Question 311

A deduction of 1/5 of the period of his sentence under the circumstances mentioned in Art. 158, after the convict gives himself up to the authorities within 48 hours following the passing away of the calamity or catastrophe referred to in Art. 158.

Answer 311

Special Time Allowance for loyalty (Art. 98):