Crim Law part 2

Question 1

Complex Crime Proper

Answer 1

when an offense is a necessary means for committing the other (ex. estafa through falsification)

Question 2

Compound Crime

Answer 2

When a single act constitutes 2 or more grave or less grave felonies
(Act of throwing hand grenade constitutes multiple counts of murder)

Question 3

Reason for compound crimes

Answer 3

Instead of the accused suffering total penalty of 2 or more offenses, the accused suffers just 1 in its maximum penalty

Question 4

Special Complex Crimes (composite)

Answer 4

Composed of 2+ crimes that the law treats as a single and indivisible unique offense

Specific crime with specific penalty

Question 5

Composite vs Compound

Answer 5

1. As to offense
   -Composite: fixed by law
   -Compound: offenses are general
2. As to penalty
   -Composite: Specific
   -Compound: Corresponds to most serious offense in its maximum
3. As to light felonies
   Composite: Light felonies are absorbed
   Compound: Light felonies are filed in separate information

Question 6

Justifying Circumstances (8 DDDNDOB)

Answer 6

Self-defense
Defense of a relative
Defense of a stranger
State of necessity
Fulfillment of a duty
Obedience to a lawful order
Battered Woman Syndrome

Question 7

Self-defense (URL)

Answer 7

1. Unlawful aggression from victim
2. Reasonable necessity of the means employed
3. lack of sufficient provocation on the person defending himself

Question 8

Retaliation vs Self-defense

Answer 8

In retaliation, the unlawful aggression has ended
in self-defense, the unlawful aggression is still in progress

Question 9

Defense of a relative

Answer 9

1. Unlawful aggression
2. Reasonable necessity of means employed
3. if provocation is by person attacked, the one defending himself had no part therein

SADBro/SAC4

Question 10

Defense of a stranger

Answer 10

1. U
2. R
3. defender not induced by revenge, resentment or any other motive

Question 11

Battered Woman Syndrome and effect

Answer 11

pattern of psychological and behavioral symptoms found in women living in a battering relationship as a result of cumulative abuse

Does not incur any criminal or civil liability notwithstanding lack of elements under self-defense

Must reach acute battering phase atleast twice

Question 12

Stages of Battered Woman Syndrome

Answer 12

1. Tension Building Phase
   -Minor battering occurs, could be slight physical/verbal abuse
   Woman tries to pacify behavior through kind and nurturing behavior or just avoid batterer
2. Acute Battering Incident
   -Characterized by brutality, destructiveness or even death
   -Only batterer may end violence
3. Tranquil phase
   -Couple experiences profound relief
   -Batterer shows tender and nurturing behavior in order to make up for being viciously cruel

Question 13

Age of criminal responsibility

Answer 13

A child below 15 the years of age shall be exempt from criminal liability

A child above 15 but below 18 is exempt from criminal liability if he acted w/o discernment

A child above 15 but below 18 is not exempt from criminal liability if he acted w/ discernment

Question 14

Exempting Circumstances (ICA IUI)

Answer 14

A crime is committed but no criminal liability arises but civil liability is still incurred

Imbecile/Insane
Criminal Age
Accident
Irresistible Force
Uncontrollable Fear
Insuperable or lawful cause

Question 15

Insanity and Imbecility

Answer 15

Imbecile - Mental age of 2-7
Insanity - Complete deprivation of intelligence; must be insane during commission of offense

Question 16

Discernment

Answer 16

A capacity of the child at the time of the commission of the offense to know right and wrong

Question 17

Accident

Answer 17

1 Person performing a lawful act
2 With due care
3 Causes injury to another by grave accident
4 without fault or intention of committing it

Question 18

Irresistible Force

Answer 18

1 Compulsion by means of physical force
2 physical force is irresistible
3 Physical Force comes from a third person

Question 19

Uncontrollable Fear

Answer 19

1 Existence of uncontrollable fear
2. fear is real and imminent
3 fear of injury is greater to or equal to act committed

Question 20

Irresistible Force vs Uncontrollable Fear

Answer 20

Force - employs physical violence/force to compel another to commit a crime

Fear -employs intimidation/threat to compel another to commit a crime

Question 21

Actus me invito factus non est meus factus

Answer 21

Act done by me against my will is not my act

Question 22

Insuperable/Lawful Cause

Answer 22

1. Act required by law to be done
2. Person fails to perform such act
3. failure to perform act due to lawful / insuperable cause

Question 23

Justifying v Exempting

Answer 23

1. As to crime
   J - No crime committed
   E - Crime is committed
2. As to liability
   J - No Civil and Criminal Liability
   E - No Criminal Liability (except p. 4&7 Art 12)

Question 24

Ordinary vs Privileged Mitigating Circumstance

Answer 24

1. As to reduction
   O - sets penalty to minimum
   P - sets penalty a degree lower
2. As to offsets
   O - Can be offset by Aggravating Circumstances
   P - Cannot be offset by aggravating circumstances

Question 25

Incomplete Justifying/Exempting Circumstance

Answer 25

1. In cases of Self-defense but either R or L is lacking 2. Offender is 15-18 but acted with discernment 3. Offender is over the age of 70

Question 26

Praeter Intentionem

Answer 26

Notable and evident disproportionality between means employed to execute criminal act and its consequences

Question 27

Sufficient Provocation or Threat

Answer 27

1. Provocation must be sufficient 2. Originate from offended party (victim) 3. Provocation must be immediate to act

Question 28

Vindication of grave offense

Answer 28

1. Grave offense to be done to one committing the felony or his SAD-Bro/SA 2. Felony done in vindication of grave offense (time lapse is allowed between vindication and grave offense.

Question 29

Provocation vs Vindication

Answer 29

1. As to act against P - Done directly to person committing the offense V - grave offense can be against perpetrator or SAD-Bro/SA 2. As to act P - victim need not have committed a grave offense V - needs to be grave offense 3. As to time between P- must be immediately after act V - admits of interval of time between vindication and grave offense

Question 30

Passion/Obfuscation

Answer 30

1. Accused acted on impulse 2. impulse so powerful that it produced passion/obfuscation 3. act not removed from commission of crime by a considerable amount of time (24 hours)

Question 31

Voluntary Surrender

Answer 31

1. Offender hadn't been actually arrested 2. Offender had surrendered himself to a person of authority 3. Surrender was voluntary

Question 32

When is surrender voluntary

Answer 32

1. acknowledgement of guilt 2. intention of saving the authorities the trouble and expense that his search and capture would require

Question 33

Plea of guilty

Answer 33

1. Offender spontaneously confessed his guilt 2. Confession made in open court 3. guilt was made prior to presentation of evidence by prosecution

Question 34

Plea of guilty

Answer 34

1. Offender spontaneously confessed his guilt 2. Confession made in open court 3. guilt was made prior to presentation of evidence by prosecution