CRIMINAL LIABILITIES AND FELONIES

Question 1

Are acts or omissions punishable by the RPC.

Answer 1

Felonies

Question 2

Both dolo and culpa have to be

Answer 2

voluntary.

Question 3

? means inaction; the failure to perform a positive duty which one is bound. There must be a ?.

Answer 3

An omission; law requiring the doing or performance of a duty

Question 4

Elements of felonies?

Answer 4

An act or omission;
Punishable by the Revised Penal Code;
The act is performed or the omission incurred by means of deceit or fault

Question 5

committed with criminal intent

Answer 5

Intentional felonies(Dolo)

Question 6

where the wrongful acts result from imprudence, negligence, lack of foresight or lack of skill

Answer 6

Negligent felonies(Culpa)

Question 7

Has intention to cause a wrong.

Answer 7

Intentional felonies(Dolo)

Question 8

With deliberate intent.

Answer 8

Intentional felonies(Dolo)

Question 9

Not malicious

Answer 9

Negligent felonies(Culpa)

Question 10

Injury caused is unintentional, it being an incident of another act performed without malice.

Answer 10

Negligent felonies(Culpa)

Question 11

Wrongful act results from imprudence, negligence, lack of foresight or lack of skill.

Answer 11

Negligent felonies(Culpa)

Question 12

Has intention to cause a wrong.

Answer 12

Intentional felonies(Dolo)

Question 13

Requisites of dolo

Answer 13

Criminal intent; Intelligence; Freedom of action

Question 14

If there is NO criminal intent, the act is justified. Offender incurs?

Answer 14

NO criminal liability.

Question 15

voluntariness on the part of the person to commit the act or omission.

Answer 15

Freedom of action

Question 16

If there is lack of freedom, the offender is?

Answer 16

exempt from liability.

Question 17

means the capacity to know and understand the consequences of one’s act.

Answer 17

Intelligence

Question 18

If there is lack of intelligence,

Answer 18

the offender is exempt from liability.

Question 19

Requisites of culpa

Answer 19

Criminal negligence; Freedom of action; Intelligence

Question 20

on the part of the offender, that is, the crime was the result of negligence, reckless imprudence, lack of foresight or lack of skill;

Answer 20

Criminal negligence

Question 21

on the part of the offender, that is, he was not acting under duress; and

Answer 21

Freedom of action

Question 22

on the part of the offender in performing the negligent act.

Answer 22

Intelligence

Question 23

deficiency in perception or lack of foresight, or failure to pay proper attention and to use due diligence in foreseeing injury or damage to be caused.

Answer 23

Negligence

Question 24

deficiency in action or lack of skill, or failure to take necessary precaution to avoid injury to another. It usually involves lack of skill.

Answer 24

Imprudence

Question 25

In negligence, there is deficiency of

Answer 25

perception,

Question 26

while in imprudence, there is deficiency

Answer 26

action.

Question 27

What are the crimes which cannot be committed through culpa (negligence or imprudence)

Answer 27

1. Murder 2. Treason 3. Robbery 4. Malicious mischief

Question 28

Referred to as the gravamen of the offense

Answer 28

Mens rea

Question 29

In theft, the mens rea is the

Answer 29

taking of property belonging to another with intent to gain

Question 30

In falsification, the mens rea is

Answer 30

the commission of forgery with intent to pervert the truth.

Question 31

In robbery, the mens rea is the

Answer 31

taking of property belonging to another coupled with the employment of intimidation or violence upon persons or things.

Question 32

the use of a particular means to effect the desired result

Answer 32

Intent

Question 33

Criminal intent is always

Answer 33

presumed to exist from the commission of an unlawful act

Question 34

A crime may be committed without criminal intent if such is:

Answer 34

A negligent felony, wherein intent is substituted by negligence or imprudence; A malum prohibitum.

Question 35

It is the moving power or force which impels a person to a desired result.

Answer 35

Motive

Question 36

Motive as determinant of

Answer 36

criminal liability

Question 37

Good faith is not a defense to the prosecution of a

Answer 37

malum prohibitia

Question 38

Classifications of felonies according to their gravity

Answer 38

Grave; Less grave; Light

Question 39

those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of the RPC

Answer 39

Grave

Question 40

those which the law punishes with penalties which in their maximum period are correctional, in accordance with Art. 25 of the RPC

Answer 40

Less grave

Question 41

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

Answer 41

Light

Question 42

Light felonies are punishable only when they are

Answer 42

consummated.

Question 43

Only the ?and their ? are made liable for the commission of light felonies.

Answer 43

principals ; accomplices

Question 44

? are not liable for the commission of light felonies.

Answer 44

Accessories

Question 45

Slight physical injuries; felony class?

Answer 45

Light

Question 46

Theft (when the value of thing stolen is less than 5 pesos and theft is committed under the circumstances enumerated under RPC, Art. 308, par.3);felony class?

Answer 46

Light

Question 47

Alteration of boundary marks; felony class?

Answer 47

Light

Question 48

Malicious mischief: felony class?

Answer 48

Light

Question 49

If one assists in the escape of another who committed Alarms and Scandals, is he liable under RPC

Answer 49

No but liable to other law.

Question 50

Committing a felony although the wrongful act done be different from that which he intended

Answer 50

Criminal liability

Question 51

Performing an act which would be an offense against persons or property, were it not for the inherent impossibilityof its accomplishment or on account of the employment of inadequate or ineffectual means

Answer 51

Criminal liability

Question 52

Requisites of Art. 4 Par. 1, “committing a felony although the wrongful act done be different from that which he intended” where greater injury results

Answer 52

1. That an intentional felony has been committed; and 2. That the wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed by the offender

Question 53

Blow was efficient cause of death;

Answer 53

Meaning of “direct, natural and logical consequence”

Question 54

Blow accelerated death; or

Answer 54

Meaning of “direct, natural and logical consequence”

Question 55

Blow was proximate cause of death.

Answer 55

Meaning of “direct, natural and logical consequence”

Question 56

Mistake in identity (error in personae)–

Answer 56

The offender intends the injury on one person but the harm fell on another.

Question 57

Mistake in identity there are only

Answer 57

two persons involved

Question 58

A person directed the blow at an intended victim, but because of poor aim, that blow landed on somebody else. In aberratio ictus, the intended victim and the actual victim are both at the scene of the crime

Answer 58

Mistake in blow (aberratio ictus)

Question 59

A, shot at B, but because of lack of precision, hit C instead; Mistake in?

Answer 59

Mistake in blow

Question 60

A, wanting to kill B, killed C instead; Mistake in?

Answer 60

Mistake in identity

Question 61

There are ? persons involved: Mistake in blow

Answer 61

three

Question 62

A, without intent to kill, struck the victim on the back, causing the victim to fall down and hit his head on the pavement

Answer 62

Praeter intentionem; Injurious consequences are greater than that intended

Question 63

A person directed the blow at an intended victim, but because of poor aim, that blow landed on somebody else.

Answer 63

ABERRATIO ICTUS; Mistake in blow

Question 64

The victim actually received the blow, but he was mistaken for another who was not at the scene of the crime.

Answer 64

ERROR IN PERSONAE; Mistake in identity

Question 65

the misapprehension of facts on the part of the person who caused injury to another.

Answer 65

Mistake of fact

Question 66

Mistake of fact is a defense only in

Answer 66

intentional felonies.

Question 67

Requisites of mistake of fact

Answer 67

1. That the act done would have been lawful had the facts been as the accused believed them to be; 2. That the intention of the accused in performing the act is lawful; and 3. That the mistake must be without fault or carelessness on the part of the accused.

Question 68

that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred

Answer 68

Proximate cause

Question 69

Requisites of proximate cause

Answer 69

1. The direct, natural, and logical cause; 2. Produces the injury or damage; 3. Unbroken by any efficient intervening cause; and 4. Without which the result would not have occurred

Question 70

It is an intervening active force which is a distinct act or fact absolutely foreign from the felonious act of the accused.

Answer 70

Efficient intervening cause

Question 71

The weak physical condition of the victim

Answer 71

Circumstances which are considered as inefficient intervening causes

Question 72

The nervousness or temperament of the victim

Answer 72

Circumstances which are considered as inefficient intervening causes

Question 73

Causes which are inherent in the victim, such as the victim’s inability to swim

Answer 73

Circumstances which are considered as inefficient intervening causes

Question 74

Refusal of the injured party to be subjected to medical attendance

Answer 74

Circumstances which are considered as inefficient intervening causes

Question 75

Erroneous or unskillful medical treatment

Answer 75

Circumstances which are considered as inefficient intervening causes

Question 76

Act performed would be an offense against persons or property;

Answer 76

Requisites of an impossible crime

Question 77

Is kidnapping an impossible crime?

Answer 77

No. Kidnapping is a crime against personal security and not against person or property, thus there can be no impossible crime of kidnapping

Question 78

Act was done with evil intent;

Answer 78

Requisites of an impossible crime

Question 79

Accomplishment is inherently impossible or means employed is either inadequate or ineffectual; and

Answer 79

Requisites of an impossible crime

Question 80

Act performed should not constitute a violation of another provision of RPC

Answer 80

Requisites of an impossible crime

Question 81

A man stabbing another who he knew was already dead, is he liable?

Answer 81

The offender must believe that he can consummate the intended crime. A man stabbing another who he knew was already dead cannot be liable for an impossible crime.

Question 82

that under any and all circumstances, the crime could not have materialized.

Answer 82

Inherent impossibility

Question 83

occurs where the intended acts, even if completed would not amount to a crime. (E.g. killing a dead person.)

Answer 83

Legal impossibility–

Question 84

occurs where extraneous circumstances unknown to the accused prevent the consummation of the intended crime. (E.g. pick pocketing an empty

Answer 84

Physical impossibility–

Question 85

It is a principle of criminal law that the offender will only be penalized for an impossible crime if he

Answer 85

cannot be punished under some other provision of the RPC.

Question 86

There is therefore no ? or ? in impossible crime.

Answer 86

attempted or frustrated

Question 87

In ? Intent of the offender cannot be accomplished.

Answer 87

IMpossible Crime

Question 88

Intent cannot be accomplished because it is inherently

Answer 88

impossible to accomplish or because the means employed by the offender is inadequate or ineffectual.