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Crim I Finals > Article 13-20 > Flashcards

Article 13-20 Flashcards

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1
Q

What are mitigating circumstances?

A

Circumstances that reduce the penalty for a crime but do not completely absolve the offender from liability

Based on the diminution of freedom of action, intelligence, intent, or lesser perversity of the offender.

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2
Q

What are ordinary mitigating circumstances?

A

Circumstances enumerated in subsections 1 to 10 of Article 13 that can be offset by generic aggravating circumstances

If not offset, they reduce the penalty to the minimum period.

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3
Q

What are privileged mitigating circumstances?

A

Circumstances applicable only to specific crimes that cannot be offset by aggravating circumstances

They reduce the penalty by one or two degrees.

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4
Q

What defines incomplete justifying circumstances?

A

Circumstances where not all requisites necessary to justify or exempt from criminal liability are present

Examples include self-defense and avoidance of greater evil.

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5
Q

What must be present for self-defense to qualify as incomplete justifying circumstances?

A

Unlawful aggression must be present, and one or both of the other two requisites must be absent.

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6
Q

What is the age threshold for offenders to be considered under mitigating circumstances according to Article 13, Paragraph 2?

A

Under 18 years of age or over 70 years.

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7
Q

What happens to offenders over 70 years of age in terms of criminal penalties?

A

They cannot receive the death penalty, and if already imposed, it is suspended or commuted.

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8
Q

What is Praeter Intentionem?

A

A mitigating circumstance where the offender had no intention to commit such a grave wrong as that committed.

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9
Q

What are the requisites for provocation to be considered a mitigating circumstance?

A

The provocation must be sufficient and immediate to the act.

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10
Q

How is sufficient provocation distinguished from passion or obfuscation?

A

Provocation is rooted in the victim’s conduct which incites the offender, whereas the mitigating factor of passion or obfuscation is rooted in the offender’s own internal state of impaired control and judgment caused by a powerful impulse.

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11
Q

What is required for the act of vindication to qualify as a mitigating circumstance?

A

The act must be in immediate response to a grave offense done to the offender or specified relatives.

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12
Q

What defines a powerful impulse in the context of mitigating circumstances?

A

An impulse so strong that it naturally produces passion or obfuscation.

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13
Q

What must occur for voluntary surrender to be considered a mitigating circumstance?

A

The offender must surrender voluntarily to a person in authority or confess guilt voluntarily before evidence presentation.

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14
Q

What defines the physical defect in Article 13, Paragraph 8?

A

A condition that restricts the offender’s means of action, defense, or communication.

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15
Q

What type of illness qualifies as a mitigating circumstance according to Article 13, Paragraph 9?

A

An illness that diminishes the exercise of will power but does not deprive consciousness of acts.

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16
Q

What is the significance of Article 13, Paragraph 10?

A

It encompasses any circumstance of a similar nature and analogous to the aforementioned mitigating circumstances.

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17
Q

What are aggravating circumstances?

A

Circumstances that increase the penalty for a crime without exceeding the maximum penalty prescribed by law.

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18
Q

What factors can show the greater perversity of the offender in aggravating circumstances?

A
  • Motivating power
  • Place of commission
  • Means and ways employed
  • Time
  • Personal circumstances of the offender or offended party
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19
Q

What distinguishes generic aggravating circumstances from specific ones?

A

Generic can apply to all crimes and can be offset by ordinary mitigating circumstances; specific apply only to particular crimes.

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20
Q

What is the general rule regarding aggravating circumstances in criminal procedure?

A

All aggravating circumstances must be alleged in the Information to be considered.

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21
Q

What are the exceptions to aggravating circumstances that do not increase the penalty?

A
  • Those constituting a crime punishable by law
  • Those included in defining a crime
  • Inherent circumstances that must accompany the crime
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22
Q

What are the requisites for a crime committed in contempt of public authorities?

A
  • The authority is discharging duties
  • The authority is not the victim
  • The offender knows the authority’s identity
  • The authority’s presence did not prevent the crime
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23
Q

How is the concept of dwelling defined in the context of aggravating circumstances?

A

Dwelling is a generic aggravating circumstance that pertains to crimes committed in a person’s home.

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24
Q

What is the nature of the authority’s presence in relation to the criminal act?

A

The authority’s presence had not prevented the offender from committing the criminal act.

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25
How is the distinction made regarding authority's duties in different paragraphs?
In par 2, authority is performing duties but is outside his office and not the offended party; in par 5, authority may be the offended party and must be in his office.
26
What is the definition of dwelling as an aggravating circumstance?
Dwelling is a generic aggravating circumstance and is absorbed in the crime of Robbery in an inhabited house (Art. 299).
27
When is provocation not considered an aggravating circumstance?
This circumstance is NOT aggravating where the offended party has given provocation.
28
What are the requirements for provocation to negate aggravation?
* Provocation must be given by the owner of the dwelling * Provocation must be sufficient and immediate to the commission of the crime * Close relation between provocation and crime must exist * Prosecution must show that the offended party had NOT given provocation
29
What are the circumstances outlined in Article 14, Paragraph 6?
The crime must be committed (1) in the nighttime, (2) in an uninhabited place, or (3) by a band.
30
What constitutes nighttime as an aggravating circumstance?
Nighttime is the period of darkness from sunset to sunrise and is NOT aggravating by itself; it becomes aggravating when it facilitates the crime.
31
What is the Objective Test of Nocturnity?
When nighttime facilitated the commission of the crime.
32
What is the Subjective Test of Nocturnity?
When the offender sought nighttime to ensure the commission of the crime or for the purpose of impunity.
33
What happens when nighttime, uninhabited place, and a band concur in one felony?
There is only ONE aggravating circumstance unless the elements are distinctly perceived and subsist independently.
34
What is the definition of a calamity in Article 14, Paragraph 7?
The crime must be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic, or other calamity.
35
What must the offender do in relation to the calamity or misfortune?
The offender must take advantage of the calamity or misfortune.
36
What constitutes the aid of armed men in Article 14, Paragraph 8?
The crime must be committed with the aid of armed men or persons who insure or afford impunity.
37
What are the requisites for considering armed men as aggravating?
* Armed men took part in the commission of the crime * The accused availed of their aid or relied upon them
38
When is the presence of armed men NOT considered aggravating?
When it appears that the accused did NOT avail himself of their aid or rely upon them.
39
What defines a recidivist according to Article 14, Paragraph 9?
A recidivist is one who, at the time of trial for one crime, has been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code.
40
What is the basis for considering recidivism as aggravating?
The implication is that the offender is specializing in such kinds of crimes, and the law wants to prevent any act of specialization.
41
What are the requisites for recidivism?
* The offender is on trial for an offense * He was previously convicted by final judgment of another crime * The first and second crimes are embraced in the same title * The offender is convicted of the new offense
42
Does recidivism prescribe?
Recidivism does not prescribe; it can still be alleged and considered even after a lapse of more than 10 years.
43
What is the rule regarding the crimes involved in recidivism?
The present crime and the previous crime MUST be embraced in the same Title of the Revised Penal Code.
44
What is the exception to recidivism when it comes to amnesty?
If the offender was exculpated because of an amnesty, recidivism cannot be appreciated.
45
What happens if recidivism is not alleged in the information?
It cannot be appreciated against the accused, and the Court is barred from allowing presentation of evidence regarding the matter.
46
What is the definition of reiteracion according to Article 14, Paragraph 10?
The offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.
47
What are the requisites for reiteracion?
* The offender is on trial for an offense * He has been previously punished for another offense with equal or greater penalty, or two or more lighter penalties * He is convicted of the new offense
48
What distinguishes recidivism from reiteracion?
* Recidivism requires two convictions under the same RPC title * Reiteracion requires at least two convictions (equal/greater penalty) or three (lighter penalty) and does not need to be under the same RPC title
49
What is the definition of a crime committed for a price or reward in Article 14, Paragraph 11?
The crime must be committed in consideration of a price, reward, or promise.
50
What are the requisites for a crime to be considered aggravating due to a price or reward?
* Concurrence of two or more offenders * Price, reward, or promise must be for inducing another to perform the deed
51
What does Article 14, Paragraph 12 describe?
The crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel, or other means involving great waste and ruin.
52
When can these means not be considered to increase the penalty?
Unless used as a means to accomplish a criminal purpose.
53
What is the definition of evident premeditation in Article 14, Paragraph 13?
The act must be preceded by cool thought and reflection upon the resolution to carry out the criminal intent.
54
What are the requisites for evident premeditation?
* Crime was carefully planned * Offenders prepared adequate means * Accused made preliminary efforts to carry out the plan
55
What is the definition of craft, fraud, or disguise in Article 14, Paragraph 14?
The act be committed with craft, fraud, or disguise employed.
56
What does superior strength mean in Article 14, Paragraph 15?
To take advantage of superior strength means to use purposely excessive force out of proportion to the means of defense available.
57
What is treachery as defined in Article 14, Paragraph 16?
The act be committed with treachery, where the means employed insure execution without risk to the offender.
58
What are the requisites for establishing treachery?
* Victim was not in a position to defend himself * Offender consciously adopted the means of attack
59
What must be present when aggression is continuous?
Treachery must be present from the beginning.
60
When is treachery sufficient if the aggression is not continuous?
Treachery must be present at the moment the fatal blow was given.
61
Is treachery applicable if the offense resulted from an error in personae?
Yes, treachery is present even if the offense was the result of an error in personae.
62
Who can treachery be appreciated against?
Only those who employed the same or against whom said circumstances were attendant.
63
In the context of conspiracy, how is treachery considered?
Treachery is considered against all the accused if there is conspiracy.
64
What does the term 'IGNOMINY' refer to?
Circumstance pertaining to the moral order which adds disgrace and obloquy to the material injury caused by the crime.
65
What types of crimes is Ignominy applicable to?
* Crimes against chastity * Less serious physical injuries * Light or grave coercion * Murder
66
What are examples of 'means be employed' in the context of Ignominy?
* Winding cogon grass around genitals before rape * Raping a woman in front of her husband
67
What is the distinction between Ignominy and Cruelty?
Ignominy involves moral suffering while Cruelty refers to physical suffering.
68
What defines 'UNLAWFUL ENTRY'?
When an entrance is effected by a way not intended for the purpose.
69
What is considered an aggravating circumstance regarding entry during a crime?
Breaking a wall, roof, floor, door, or window as a means to the commission of a crime.
70
What does the term 'CRUELTY' refer to?
When the culprit enjoys and delights in making his victim suffer slowly and gradually.
71
What are the requisites for establishing Cruelty?
* Injury caused must be deliberately augmented * Wrong done must be unnecessary for the execution of the purpose
72
What are Alternative Circumstances in the context of crimes?
Circumstances that must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime.
73
What types of relationships are considered in the context of Alternative Circumstances?
* Spouse * Ascendant * Descendant * Legitimate/illegitimate brother or sister * Relative by affinity in the same degree
74
When can intoxication be considered a mitigating circumstance?
If the offender's reason is blurred and lacks control without being habitual or planned.
75
What is the general rule regarding the effect of a low degree of education on criminal liability?
A low degree of education or lack of it is generally mitigating, except in certain crimes.
76
Who are the types of persons criminally liable for grave and less grave felonies?
* Principals * Accomplices * Accessories
77
What is the basis for the division of persons criminally responsible?
It rests upon the very nature of their participation in the commission of the crime.
78
What is the general rule regarding active subjects of a crime?
Only natural persons can be an active subject of a crime.
79
What is required for an accessory to be convicted?
It is not necessary that the principal be convicted or tried, as long as the commission of the offense is established.
80
What is the general rule regarding penalties that may be imposed?
No felony shall be punishable by any penalty not prescribed by law prior to its commission.
81
What is the retroactive effect of penal laws?
Penal laws shall have a retroactive effect in so far as they favor the person guilty of a felony.
82
What is an exception to the retroactive effect of penal laws?
Penal laws do NOT have retroactive effect in favor of a habitual criminal.

Crim I Finals (1 decks)

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