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CRIMINAL LAW 1 > ARTICLES 6-10 > Flashcards

ARTICLES 6-10 Flashcards

1
Q

What are internal acts in relation to criminal law? Is it punishable?

A

Internal acts are the mental processes wherein a person arrives at a decision to commit a crime.

At this stage, it is still beyond the scope of criminal law, because no one can charge you for thinking of committing a crime.

That problem should be resolved by the person with his spiritual director, but that is not the concern of the law.

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2
Q

What are preparatory acts in relation to criminal law? Is it punishable?

A

Preparatory acts are the physical or external acts after internal acts.

It is generally NOT PUNISHABLE, EXCEPT WHEN THE LAW PENALIZES SUCH PREPARATORY ACTS, such as:
a. Art 304 of RPC - possession of picklocks and similar tools.

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3
Q

What are acts of execution in relation to criminal law?

A

Acts of execution is where a person now proceeds to implement his plan, which are generally divided into 3 possibilities:

  1. Attempted
  2. Frustrated
  3. Consummated
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4
Q

What is the attempted stage in acts of execution of a crime?

A

Act + incomplete execution/failed to perform all acts of execution

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5
Q

T or F

There is an attempted stage in a felony by omission.

A

False. Attempted stage applies only to acts and not omissions.

There can be no attempted stage when the felony is by
omission, because in this kind of felony the offender does not execute acts. He omits to perform an act which the law requires him to do.

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6
Q

T or F
Is there criminal liability when a person commences the commission of a felony, but did not complete it because of his own spontaneous desistance?

A

No, provided that the desistance must come BEFORE THE CONSUMMATION OF THE CRIME. (Viada)

You cannot desist when all the acts of execution are already accomplished.

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7
Q

T or F

There is attempted theft.

A

False.

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8
Q

What is the frustrated stage in acts of execution of a crime?

A

There is a frustrated felony when an offender has performed all acts of execution which would produce a felony as a consequence but which, nevertheless do not produce it by reason or causes independent of the will of the perpetrator.

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9
Q

Differentiate attempted from frustrated stage.

A

Attempted - Offender has not performed all acts of execution

Frustrated - Offender has performed all acts of execution

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10
Q

A shot B but the gun jammed. Attempted or Frustrated?

A

Attempted.

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11
Q

A shot B but missed. Attempted or Frustrated?

A

Attempted.

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12
Q

A shot B but the wound is not really fatal as it only grazed him. Attempted or Frustrated?

A

Attempted. To be frustrated, prosecution must establish that the victim sustained an injury that is fatal/could normally kill.

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13
Q

A shot B in the heart, but because of life-saving technologies, B lived. Attempted or Frustrated?

A

Frustrated, because normally, any person shot in the heart would die.

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14
Q

What is the consummated stage in acts of execution of a crime?

A

A felony is consummated when all the elements necessary for its execution and accomplishment are present.

The elements of a crime are found in Book II, which you can detect by splitting the definition into parts. If all elements are present, it is consummated.

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15
Q

T or F

The crime of flight to an enemy country is deemed consummated even when only an attempt is made.

A

True, in this case the attempted and consummated stages are identical. A mere attempt is already considered consummated.

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16
Q

Why are light felonies punishable only when consummated?

A

Because light felonies are only mere infraction of the laws. It is so microscopic in size that the law would rather not punish attempted or frustrated light felonies anymore.

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17
Q

When is a light felony punishable even when it is only attempted or frustrated?

A

Light felonies are punishable even when only attempted or frustrated when it is committed:

  1. Light felonies committed against persons
  2. Light felonies committed against property
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18
Q

When is there conspiracy?

A

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

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19
Q

When is there proposal?

A

There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.

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20
Q

A told B to kill C for 1000 pesos. B refused. Is there conspiracy?

A

No there is no conspiracy, but there is proposal, since proposal is unilateral.

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21
Q

T or F

Conspiracy to commit murder is punishable.

A

No, because preparatory acts for murder is not punishable, there being no law for such description and corresponding punishment.

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22
Q

What is the legal principle involved in proposals to commit felony?

A

The general rule is that proposals and conspiracies to commit felony are NOT PUNISHABLE, except when the law specially provides a penalty therefore.

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23
Q

What are the punishable conspiracies that constitute crimes against the security of the State?

A
  1. Conspiracy to commit treason
  2. Conspiracy to commit rebellion or insurrection
  3. Conspiracy to commit coup d etat
  4. Conspiracy to commit sedition
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24
Q

What are the punishable proposals that constitute crimes against the security of the State?

A
  1. Proposal to commit treason
  2. Proposal to commit rebellion or insurrection
  3. Proposal to commit coup d etat
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25
Q

What are grave felonies?

A

Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are AFFLICTIVE, in accordance with Article 25 of the RPC.

26
Q

What are less grave felonies?

A

Less grave felonies are those which the law punishes with penalties which in their maximum period are CORRECTIONAL.

27
Q

What are light felonies?

A

Light felonies are those infractions of law for the commission of which a penalty of arresto menor or a fine not exceeding 200 pesos or both.

28
Q

What are the classifications of felony as to their gravity?

A
  1. Grave felonies
  2. Less grave felonies
  3. Light felonies
29
Q

What are the afflictive penalties as punishment for grave felonies?

A
  1. Reclusion perpetua
  2. Reclusion temporal
  3. Perpetual or temporary absolute disqualification
  4. Perpetual or temporary special disqualification
  5. Prision mayor

Any crime which is punishable by any of the above is automatically a grave felony.

30
Q

What are the correctional penalties as punishment for less grave felonies?

A
  1. Prision correctional
  2. Arresto mayor
  3. Suspension
  4. Destierro
31
Q

What is a special penal law?

A

A special penal law is a law which punishes acts or omissions not defined and penalized by the RPC.

It is a statute enacted by the legislative branch, penal in character, which is not an amendment to the RPC.

32
Q

Does the RPC apply to crimes punishable by special laws?

A

Generally, NO, it does not. However, if the special law is DEFICIENT, the provisions of RPC can apply SUPPLETORILY of crimes punished by the special law.

33
Q

In case of conflict between special laws and the RPC, which shall prevail over the other?

A

Special laws shall prevail.

34
Q

Does the stages of crime apply to those crimes found in special laws?

A

Only when the special laws provide for the same, otherwise, it will not apply.

35
Q

Do circumstances apply to those crimes found in special laws?

A

Generally, no, because they apply only to penalties prescribed by the RPC.

36
Q

T or F

Penalties under special laws have minimum, medium and maximum periods.

A

FALSE.

37
Q

What are the elements of an attempted felony?

A

Elements of attempted felony:
1. The offender commences the commission of the felony directly by overt acts;

  1. He does not perform all the acts of execution which should produce the felony;
  2. The offender’s act is not stopped by his own spontaneous desistance;
  3. The non-performance of all acts of execution was due to cause or accident other than his spontaneous desistance.
38
Q

What is an indeterminate offense?

A

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

In the case of People vs. Lamahang, supra, the final objective of the offender, once he succeeded in entering the store, may be to rob, to cause physical injury to the inmates, or to commit any other offense.
In such a case, there is no justification in finding the offender guilty of attempted robbery by the use of force upon things.

The crime committed was attempted trespass to dwelling, because the intention of the accused was obviously disclosed by his act of making an opening through the wall, and that was to enter the store against the will of its owner who was then living there.

39
Q

What are the elements of frustrated felony?

A

Elements:
1. The offender performs all the acts of execution;
2. All the acts performed would produce the felony as a
consequence;
3. But the felony is not produced;
4. By reason of cause s independent of the will of the
perpetrator.

40
Q

What are the light felonies under the RPC?

A

The light felonies punished by the Revised Penal Code:

  1. Slight physical injuries. (Art. 266)
  2. Theft. (Art. 309, pars. 7 and 8)
  3. Alteration of boundary marks. (Art. 313)
  4. Malicious mischief. (Art. 328, par. 3; Art. 329, par. 3)
  5. Intriguing against honor. (Art. 364)

The penalty for the above-mentioned crimes is arresto menor (imprisonment from one day to thirty days), or a fine not exceeding P200.

41
Q

T or F

The general rule is that light felonies are punishable only when they have been consummated.

A

True.

42
Q

T or F
The exception to the general rule that light felonies are punishable only when they have been consummated, is when the light felonies are committed against persons or property, which are punishable even if attempted or frustrated.

A

True.

43
Q

Why are light felonies against persons or properties punished?

A

The commission of felonies against persons or property presupposes in the offender moral depravity. For that reason, even attempted or frustrated light felonies against persons or property are punishable.

44
Q

T or F
Conspiracy and proposal t o commit felony are punishable only in the cases in which the law specially provides a penalty therefor.

A

True (Art 8 of RPC)

45
Q

T or F
The general rule is that conspiracy and proposal to commit felony are not punishable, and the exception is that they are punishable only in the cases in which the law specially provides a penalty therefor.

A

True.

46
Q

What are the requisites of conspiracy?

A

Requisites of conspiracy:

  1. That two or more persons came to an agreement;
  2. That the agreement concerned the commission of a felony;
  3. That the execution of the felony be decided upon.
47
Q

T or F
Direct proof is not essential to establish
conspiracy, and may be inferred from the collective acts of the accused before, during and after the commission of the crime.

A

True.

Conspiracy can be presumed from and proven by acts of the accused themselves when the said acts point to a joint purpose and design, concerted action
and community of interests.

48
Q

T or F
Conspiracy renders all the conspirators as co-principals regardless of the extent and character of their participation because in contemplation of law, the act of one conspirator is the act of all.

A

True.

49
Q

T or F
A conspiracy must be established by positive and conclusive evidence. It must be shown to exist as clearly and convincingly as the commission of the crime itself. Quantum of proof is required to establish conspiracy.

A

True.

50
Q

What are the requisites of proposal?

A

Requisites of proposal:

  1. That a person has decided to commit a felony; and
  2. That he proposes its execution to some other person or persons.
51
Q

A conceived the idea of overthrowing the
present government. A called several of his trusted followers and instructed them to go around the country and secretly to organize groups and to convince them of the necessity of having a new government. Note that what A proposed in this case is not the execution of the crime of rebellion, but the performance of preparatory acts for the commission of rebellion. Is there a criminal proposal?

A

No. What A proposed in this case is
not the execution of the crime of rebellion, but the performance of preparatory acts for the commission of rebellion. Therefore, there is no criminal proposal.

52
Q

What is the punishment for grave felonies?

A

Grave felonies are those to which the law attaches the

capital punishment or or afflictive penalties.

53
Q

What is capital punishment?

A

Capital punishment is death penalty.

54
Q

What are the afflictive penalties?

A

Afflictive penalties:
 Reclusion perpetua -
 Reclusion temporal
 Perpetual or temporary absolute disqualification
 Perpetual or temporary special disqualification
 Prision mayor

55
Q

What is the punishment for less grave felonies?

A

Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional. (Correctional penalties)

56
Q

What are the correctional penalties?

A 
•Correctional penalties:
	Prision correccional
	Arresto mayor
	Suspension
	Destierro
57
Q

What is the punishment for light felonies?

A

Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos, or both, is provided. (LIGHT PENALTIES)

58
Q

What are the light felonies?

A

•Light penalties:
 Arresto menor
 Public censure

59
Q

Are offenses punishable under special laws subject to the provisions of the Revised Penal Code?

A

Offenses under special laws are not subject to the provisions of the RPC. The RPC is only supplementary to such special laws.

The Revised Penal Code is not intended to supersede special penal laws. The latter are controlling with regard to offenses therein specially punished. Said clause only restates the elemental rule of statutory construction that
special legal provisions prevail over general ones.

60
Q

What are special laws?

A

A “special law” is defined in U.S. vs. Serapio, 23 Phil.
584, as a penal law which punishes acts not defined and penalized by the Penal Code.

Special law is a statute enacted by the Legislative
branch, penal in character, which is not an amendment to the Revised Penal Code. Special laws usually follow the form of American penal law. The penal clause, for example, provides a penalty of from five to ten years or a fine not exceeding P5,000.00, or both, in the discretion of the court.

CRIMINAL LAW 1 (8 decks)

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