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Flashcards in Book 1 Deck (311)
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1

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

October 18, 1927

2

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

3815
January 1, 1932.

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.

1-113
114-367

4

________is that branch of division of law which:
a) defines crimes;
b) treats of their nature; and
c) provides for their punishment

Criminal Law

5

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

Crime

6

Sources of Philippine Criminal Law:

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.

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.

police power

8

Characteristics of Criminal Law:

1. General
2. Territorial
3) Prospective

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.

General

10

Exemption to the "General" Characteristics of Criminal Law

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.

11

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

Territorial

12

Exemption to the "Territorial" Characteristics of Criminal Law

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.

13

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

Prospective

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.

not a habitual criminal

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.

Instruction of Penal Laws:
-Penal Laws
-ambiguous or unclear
-Spanish

16

Theories of Criminal Law:

Classical Theory
Positivist Theory

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.

Classical Theory

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.

Positivist Theory

19

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

NO

20

Application of our Criminal Laws:
b) Crimes or offenses committed on board foreign merchant vessel while on Philippine Waters are triable ________

before our Courts (Adopting the English Rule);

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 ________

NOT in our Courts

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.

Warships

23

Acts and omissions punishable by law

Felony

24

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

theft.

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.

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

26

Classification of Felonies:

1) Intentional Felony
2) Culpable Felony

27

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

Intentional Felony

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.

Culpable Felony

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.

General

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.

Means of Deceit