CRIMINAL LAW BOOK II Flashcards
(88 cards)
1
Q
Crimes against National Security
A
2
Q
What are the elements of Treason?
A
- Offender is a Filipino citizen or an Alien residing in the Philippines
- There is a War in which the Philippines is involved;
- The offender either:
a. Levies War against the Government (Philippines) – assembling of men + execute criminal design
b. Adheres to the Enemies, giving them aid or comfort within the Philippines or elsewhere (intent to betray). – strengthen the enemy and weaken traitor’s country
3
Q
How to prove treason?
A
- Two–witness rule:
a. No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act or on confession of the accused in open court. However, the two - witness rule does not apply to the crime of conspiracy and proposal to commit treason because this is a separate and distinct offense from that of treason - Confession of guilt by the accused in open court.
4
Q
What is conspiracy to commit treason?
A
Is committed when in time of war, two or more persons come to an agreement to levy war against the Government or to adhere to the enemies and to give them aid or comfort, and decide to commit it.
5
Q
Proposal to Commit Treason
A
committed when in time of war a person who has decided to levy war against the Government or to adhere to the enemies and to give them aid or comfort proposes its execution to some other person or persons. (Arts. 8 and 114)
6
Q
What is piracy?
A
It is the crime committed by any person who, on the high seas or in Philippine waters, shall attack or seize a vessel or, not being a Member of its complement nor a passenger, shall seize the whole or part of the cargo of the said vessel, its equipment, or personal belongings of its complement or passengers.
7
Q
What is the high seas?
A
The body of water outside of the territorial waters of the Philippines, even if such is within the territorial waters of another country
8
Q
When is there qualified piracy?
A
i. When piracy is attended by:
- Seizing by firing upon or boarding a vessel;
- Abandoning the victims without means of saving themselves;
- Rape, murder, homicide, physical injuries or other crimes as a result or on the occasion of piracy
9
Q
B. Crimes against the Fundamental Law of the State
A
10
Q
What is Arbitrary Detention?
A
Crime committed by any public officer or employee who, without legal grounds, detains a person
11
Q
What is Interruption of religious worship?
A
Crime committed by any public officer or employee who shall prevent or disturb the ceremonies or manifestations of any religion
12
Q
What is the crime of Offending the religious feelings?
A
Crime committed by anyone who, in a place devoted to religious worship or during the celebration of any religious ceremony shall perform acts notoriously offensive to the feelings of the faithful.
13
Q
What is the crime of Offending the religious feelings?
A
14
Q
Crimes against Public Order
A
15
Q
What is rebellion?
A
The crime of rebellion or insurrection is committed by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Philippine Islands or any part thereof, of any body of land, naval or other armed forces, depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives
16
Q
What is coup d’etat?
A
The crime of coup d’etat is a swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications network, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office of employment with or without civilian support or participation for the purpose of seizing or diminishing state power.
17
Q
What is sedition?
A
- The crime of sedition is committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, any of the following objects:
a. To prevent the promulgation or execution of any law or the holding of any popular election;
b. To prevent the National Government, or any provincial or municipal government or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order;
c. To inflict any act of hate or revenge upon the person or property of any public officer or employee;
d. To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and
e. To despoil, for any political or social end, any person, municipality or province, or the National Government (or the Government of the United States), of all its property or any part thereof.
18
Q
What is Direct Assault?
A
Committed by any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purpose enumerated in defining the crimes of rebellion and sedition, or shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance.
19
Q
Who are persons in authority?
A
directly vested; division superintendent of school; Teachers, professors, and supervisors of schools, colleges and universities; Punong Barangay, members of the Sangguniang Barangay, and Lupong Tagapamayapa
20
Q
Who are agents of a person in authority?
A
Persons who are charged with the maintenance of public order and the protection and security of life and property by direct provision of law, election, or appointment by competent authority shall be deemed agents of person in authority
21
Q
What is Resistance and disobedience to a person in authority or the agents of such person?
A
Any person who not being included in the provisions of the preceding articles shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties.
22
Q
What is Evasion of Service of Sentence?
A
Committed by any convict who shall evade service of his sentence by escaping during the term of his imprisonment by reason of final judgment
23
Q
What is delivery of prisoners from jails?
A
Committed by any person who shall remove from any jail or penal establishment any person confined therein or shall help the escape of such person, by means of violence, intimidation, or bribery.
24
Q
Crimes against Public Interest
A
- Forging the seal of the Government of the Philippine Islands, the signature or stamp of the Chief Executive.
- Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief Executive.
- Article 162. Using forged signature or counterfeit seal or stamp.
- Making and importing and uttering false coins
- Mutilation of coins; Importation and utterance of mutilated coins
- Selling of false or mutilated coin, without connivance
- Forging treasury or bank notes, obligations and securities; importing and uttering false or forged notes, obligations and securities
- Forging treasury or bank notes on other documents payable to bearer; importing, and uttering such false or forged notes and documents.
- Counterfeiting, importing and uttering instruments not payable to bearer
- Illegal possession and use of false treasury or bank notes and other instruments of credit
- Falsification of legislative documents
- Falsification by public officer, employee or notary or ecclesiastic minister
25
What is falsification by public officer, employee or notary or ecclesiastic minister?
Committed by any public officer, employee, or notary who, taking advantage of his official position, shall falsify a document by committing any of the following acts:
1. Counterfeiting or imitating any handwriting, signature or rubric;
2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate;
3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them;
4. Making untruthful statements in a narration of facts;
5. Altering true dates;
6. Making any alteration or intercalation in a genuine document which changes its meaning;
7. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original; or
8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.
26
What is falsification by private individual?
Committed by:
1. Any private individual who shall commit any of the falsifications enumerated in the next preceding article in any public or official document or letter of exchange or any other kind of commercial document; and
2. Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in the next preceding article.
27
What is use of falsified documents?
Committed by any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of another or who, with the intent to cause such damage, shall use any of the false documents embraced in the next preceding article, or in any of the foregoing subdivisions of this article, shall be punished by the penalty next lower in degree.
28
Crimes against public morals
29
What is grave scandal?
Committed by any person who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any other article of this Code
30
What constitutes Immoral Doctrines, Obscene Publications and Exhibitions?
1. Those who shall publicly expound or proclaim doctrines openly contrary to public morals;
2. The authors of obscene literature, published with their knowledge in any form, and the editors publishing such literature;
3. Those who in theaters, fairs, cinematographs or any other place open to public view, shall exhibit indecent or immoral plays, scenes, acts or shows; and
4. Those who shall sell, give away or exhibit prints, engravings, sculptures or literature which are offensive to morals.
31
Crimes committed by Public Officers
32
What is Direct Bribery?
Crime committed by any public officer who shall agree to perform an act constituting a crime, in connection with the performance of his official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another.
33
What is qualified bribery?
Public officer who is entrusted with law enforcement and who, in consideration of any offer, promise, gift of offer, refrains from
arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/ or death.
34
What is indirect bribery?
Committed by any public officer who shall accept gifts offered to him by reason of his office
35
What is corruption of Public Officials?
Crime committed by person who shall have made the offers or promises or given the gifts or presents as described in the preceding articles
36
What is Malversation of Public Funds or Property?
Committed by any public officer who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate the same, or shall take or misappropriate or shall consent, or through abandonment or negligence, shall permit any other person to take such public funds or property, wholly or partially, or shall otherwise be guilty of the misappropriation or malversation of such funds or property
37
What is technical malversation or Illegal Use of Public Funds or Property?
Committed by any public officer who shall apply any public fund or property under his administration to any public use other than that for which such fund or property were appropriated by law or ordinance.
38
What is Conniving With or Consenting to Evasion?
Committed by any public officer who shall consent to the escape of a prisoner in his custody or charge
39
What is Evasion Through Negligence?
Committed if the evasion of the prisoner shall have taken place through the negligence of the officer charged with the conveyance or custody of the escaping prisoner
40
What is Open Disobedience?
Committed by any judicial or executive officer who shall openly refuse to execute the judgment, decision or order of any superior authority made within the scope of the jurisdiction of the latter and issued with all the legal formalities
41
What is Refusal of Assistance?
Committed by public officer who, upon demand from competent authority, shall fail to lend his cooperation towards the administration of justice or other public service, if such failure shall result in serious damage to the public interest, or to a third party;
42
What is Maltreatment of Prisoners.?
Imposed upon any public officer or employee who shall overdo himself in the correction or handling of a prisoner or detention prisoner under his charge, by the imposition of punishment not authorized by the regulations, or by inflicting such punishment in a cruel and humiliating manner
43
Crimes against persons
44
What is Parricide?
Committed by any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse.
45
What is infanticide?
Committed by any person who shall kill any child less than three days of age.
46
What is intentional abortion?
Committed by any person who shall intentionally cause an abortion if:
1. He shall use any violence upon the person of the pregnant woman.
2. Without using violence, he shall act without the consent of the woman.
3. if the woman shall have consented
47
What is death or physical Injuries Inflicted Under Exceptional Circumstances?
States that any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.
48
What is Murder?
Committed when any person who shall kill another, if committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity.
2. In consideration of a price, reward or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.
49
What is Homicide?
Committed by any person shall kill another without the attendance of any of the circumstances required for charge of murder
50
What is death caused in tumultuous Affray?
When, while several persons, not composing groups organized for the common purpose of assaulting and attacking each other reciprocally, quarrel and assault each other in a confused and tumultuous manner, and in the course of the affray someone is killed, and it cannot be ascertained who actually killed the deceased, but the person or persons who inflicted serious physical injuries can be identified
51
What is Physical Injuries Inflicted in a Tumultuous Affray
Committed when in a tumultuous affray as referred to in the preceding article, only serious physical injuries are inflicted upon the participants thereof and the person responsible therefor cannot be identified. All those who appear to have used violence upon the person of the offended party shall be held liable
52
What is mutilation?
Committed by any person who shall intentionally mutilate another by depriving him, either totally or partially, of some essential organ for reproduction
53
What is considered Serious Physical Injuries?
Committed by any person who shall wound, beat, or assault another causing the following:
1. The injured person shall become insane, imbecile, impotent, or blind;
2. The person injured shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated for the work in which he was theretofore habitually engaged
3. The person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he was habitually engaged for a period of more than ninety days
4. If the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty days
54
What is the crime of Less Serious Physical Injuries?
Committed by any person who shall inflict upon another physical injuries which shall incapacitate the offended party for labor for ten days or more, or shall require medical attendance for the same period,
55
When is there slight Physical Injuries and Maltreatment?
Committed when:
1. The offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period
2. The offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical attendance
3. The offender shall ill-treat another by deed without causing any injury
56
How may rape be committed?
Rape is committed:
(1) By a man who shall have carnal knowledge of a woman under any of the following circumstances: (a) Through force, threat or intimidation; (b) When the offended party is deprived of reason or is otherwise unconscious; (c) By means of fraudulent machination or grave abuse of authority; (d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present; or
(2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person
57
What is acts of Lasciviousness?
Committed by any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article
58
What are the elements of kidnapping?
Kidnapping has the following elements:
(a) The offender is a private individual;
(b) He kidnaps or detains another, or in any other manner deprives the latter of his liberty;
(c) The act of detention or kidnapping must be illegal;
(d) In the commission of the offense any of the following circumstances are present:
(1) If the kidnapping or detention shall have lasted for more than 3 days;
(2) If it shall have been committed simulating public authority;
(3) If any serious physical injuries shall have been inflicted upon he person kidnapped or detained, or if threats to kill shall have been made;
(4) If the person kidnapped or detained shall be a minor, female, or a public officer.
59
When is there kidnapping and serious illegal detention?
Any private individual who shall kidnap or detain another, or in any other matter deprive him of his liberty is liable for kidnapping and serious illegal detention when:
(a) If the kidnapping or detention shall have lasted for more than 3 days;
(b) If it shall have been committed simulating public authority;
(c) If any serious physical injuries shall have been inflicted upon he person kidnapped or detained, or if threats to kill shall have been made;
(d) If the person kidnapped or detained shall be a minor, female, or a public officer; or
(e) If it was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances above mentioned were present in the commission of the offense.
60
What is Slight Illegal Detention?
Committed by any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty and deprivation of liberty without the attendance of any of the circumstances enumerated therein
61
What is abduction?
Committed through the abduction of any woman against her will and with lewd designs
62
What is consented abduction?
The abduction of a virgin over twelve years and under eighteen years of age, carried out with her consent and with lewd designs
63
What is qualified trespass to dwelling?
Committed by any private person who shall enter the dwelling of another against the latter’s will
64
What is other forms of trespass?
Committed by any person who shall enter the closed premises or the fenced estate of another, while either of them are uninhabited, if the prohibition to enter be manifest and the trespasser has not secured the permission of the owner or the caretaker thereof.
65
What is grave threats?
Committed by any person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime
66
What is light threat?
A threat to commit a wrong not constituting a crime
67
Crimes against Property
68
What is Robbery?
Committed by any person who, with intent to gain, shall take any personal property belonging to another, by means of violence against or intimidation of any person, or using force upon anything
69
What constitutes robbery with Violence Against or Intimidation of Persons?
When on occasion of Robbery:
1. Homicide shall have been committed
2. Robbery shall have been accompanied by rape or intentional mutilation, or if by reason or on occasion of such robbery, any of the physical injuries shall have been inflicted or he person robbed shall have been held for ransom or deprived of his liberty for more than one day
3. When by reason or on occasion of the robbery, physical injuries shall have been inflicted
4. If the violence or intimidation employed in the commission of the robbery shall have been carried to a degree clearly unnecessary for the commission of the crime, or when in the course of its execution, the offender shall have inflicted upon any person not responsible for its commission any of the physical injuries
70
What constitutes robbery in an Inhabited House or Public Building or Edifice Devoted to Worship?
Committed when:
(a) The malefactors shall enter the house or building in which the robbery was committed, by any of the following means:
1. Through an opening not intended for entrance or egress;
2. By breaking any wall, roof, or floor or breaking any door or window;
3. By using false keys, picklocks or similar tools;
4. By using any fictitious name or pretending the exercise of public authority;
or
(b) The robbery be committed under any of the following circumstances:
1. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle;
2. By taking such furniture or objects away to be broken or forced open outside the place of the robbery.
71
What are the elements of Robbery with Homicide?
The elements of the crime are:
a) the taking of personal property with the use of violence or intimidation against the person;
b) the property taken belongs to another;
c) the taking is characterized by intent to gain or animus lucrandi; and
d) on the occasion or by reason of the robbery, the crime of homicide, as used it is generic sense, was committed.
72
What is theft?
Committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent.
Theft is likewise committed by:
1. Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner;
2. Any person who, after having maliciously damaged the property of another, shall remove or make use of the fruits or object of the damage caused by him; and
3. Any person who shall enter an enclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall gather fruits, cereals, or other forest or farm products.
73
What is Qualified Theft?
Committed if theft is committed by a domestic servant, or with grave abuse of confidence, or if the property stolen is large cattle or consists of coconuts, or fish taken from a fishpond or fishery
74
What is Occupation of Real Property or Usurpation of Real Rights in Property?
Committed by any person who, by means of violence against or intimidation of persons, shall take possession of any real property or shall usurp any real rights in property belonging to another
75
What is Swindling or Estafa?
Committed by any person who shall defraud another by any of the means mentioned hereinbelow:
1. With unfaithfulness or abuse of confidence, namely:
(a) By altering the substance, quantity, or quality of anything of value which the offender shall deliver by virtue of an obligation to do so, even though such obligation be based on an immoral or illegal consideration.
(b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property.
(c) By taking undue advantage of the signature of the offended party in blank, and by writing any document above such signature in blank, to the prejudice of the offended party or any third person.
2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:
(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits.
(b) By altering the quality, fineness or weight of anything pertaining to his art or business.
(c) By pretending to have bribed any Government employee, without prejudice to the action for calumny which the offended party may deem proper to bring against the offender. In this case, the offender shall be punished by the maximum period of the penalty.
(d) By post-dating a check, or issuing such check in payment of an obligation, the offender knowing that at the time he had no funds in the bank, or the funds deposited by him in the bank were not sufficient to cover the amount of the check, and without informing the payee of such circumstances.
3. Through any of the following fraudulent means:
(a) By inducing another, by means of deceit, to sign any document.
(b) By resorting to some fraudulent practice to insure success in a gambling game.
(c) By removing, concealing or destroying, in whole or in part, any court record, office files, document or any other papers.
76
What is Destructive Arson?
Committed by any person who shall burn:
1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordnance storehouse, archives or general museum of the government.
2. Any passenger train or motor vehicle in motion or vessel out of port.
3. In an inhabited place, any storehouse or factory of inflammable or explosive materials.
4. Any theater, church, cockpit, or other building where meetings are held, when occupied by a numerous assemblage.
77
Arson with Other crimes
a. if the main objective is the burning of the building or edifice but death results by reason or on occasion of arson, the crime is simply arson, and the resulting homicide is absorbed;
(b) if the main objective is to kill a particular person who may be in the building or edifice, when fire is resorted to as a means to accomplish such goal, the crime committed is murder only; and
(3) if the objective is to kill a particular person, and in fact the offender has already done so, but the fire is resorted to as a means to cover up the killing, then there are two separate and distinct crimes committed – homicide/murder and arson
78
Who are persons exempt from criminal liability from the commission of the crime of theft, swindling or malicious mischief?
1. Spouses, ascendants and descendants, or relatives by affinity in the same line;
2. 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; and
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.
79
What is adultery?
Committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void.
80
What are acts of lasciviousness?
Under Article 366 of the RPC, the
elements of Acts of Lasciviousness are:
1. That the offender commits any act of lasciviousness or lewdness;
2. That the lascivious act is committed against a person of either sex; and
3. That it is done under any of the following circumstances:
a. By using force or intimidation;
b. When the offended party is deprived of reason or otherwise unconscious;
c. By means of fraudulent machination or grave abuse of authority; or
d. When the offended party is under 12 years of age or is demented.
81
What is lascivious conduct?
The intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttock, or the introduction of any object into the genitalia, anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse , humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person
82
Crimes against honor
83
What is libel?
A libel is a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.
84
Who are responsible in cases of libel?
The author or editor of a book or pamphlet, or the editor or business manager of a daily newspaper, magazine or serial publication, shall be responsible for the defamations contained therein to the same extent as if he were the author thereof
85
What may be considered as a defense in libel?
Truth is a valid defense in libel if the defamatory statement is made against a public official with respect to the discharge of his official duties and functions, and the truth of the allegations is shown, the accused will be entitled to an acquittal
86
What is Slander?
Oral defamation
87
What is Imprudence and Negligence?
Any person who, by reckless imprudence, shall commit any act which, had it been intentional, would constitute a grave felony
88
What is Reckless Imprudence?
Reckless imprudence consists in voluntary, but without malice, doing or falling to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place
