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Flashcards in From the book Deck (38)
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1

Generic term used to refer to a wrongdoing punished either under the Revised Penal code or under a special law.

Crime

2

Felonies committed with deliberate intent

Dolo

3

Those committed by means of fault

Culpa

4

Classification of crimes as to stage of execution

Attempted
Frustrated
Consummated

5

Classification of crimes as to gravity

Grave felonies
Less grave felonies
Light felonies

6

Classification of crimes as to count

Composite or specific complex
Complex under Art 48
Continuing

7

Formal felonies - those which are always consummated

Physical injuries

8

Those which have various stages of execution

Material felonies

9

Those which do not admit of the frustrated stage

Rape and theft

10

Violations of the RPC, that the act is inherently evil or bad or per se wrong

Malum in se

11

Violations of special laws

Malum prohibitum

12

A crime under the RPC is referred to as

Felony

13

A crime punished under special law

Statutory offense

14

A minor infraction of the law, such as a violation of an ordinance, is referred to as ...

Misdemeanor

15

Scope of application of RPC

Intraterritorial
Extraterritorial

16

Application of RPC within Philippine territory (12 nautical mile - limit)

Intraterritorial

17

Application of RPC outside Philippine territory

Extraterritorial

18

The rule on foreign merchant vessels in possession of dangerous drugs

In transit
Not in transit

19

Possession of dangerous drugs is not punishable, but the use of the same is punishable.

In transit
Napadaan lang

20

Mere possession of dangerous drugs is punishable

Not in transit

21

As a general rule. the Revised Penal Code governs only when the crime committed pertains to the exercise of the public officials‘ functions. those having to do with the discharge of their duties in a foreign country. The functions contemplated are those which are, under the law, to be performed by the public officer in the Foreign Service of the Philippine government in a foreign country.

Note:This rule is not absolute. The Revised Penal Code governs if the crime was committed within the Philippine Embassy or within the embassy grounds in a foreign country. This is because embassy grounds are considered an extension of Philippine sovereignty

22

A Philippine consulate official who is validly married here in the Philippines and who marries again in a foreign country cannot be prosecuted here for _____ because this is a crime not connected with his official duties. However, if the second marriage was celebrated within the Philippine embassy, he may be prosecuted here. since it is as if he contracted the marriage here in the Philippines.

bigamy

23

The principles of public international law.
a. Sovereigns and other chiefs of states. b. Ambassadors, ministers, ministers plenipotentiary, ministers resident, and charges d' affaires.

Note: ______________ are not diplomatic officers. Consuls are subject to the penal laws of the country where they are assigned.

Consuls, vice—consuls, and other commercial representatives of foreign nation

24

What is the exception to the prospective application of penal laws?

Whenever a new statute dealing with crime establishes conditions more lenient or favorable to the accused.

Note: The retroactive effect shall benefit the accused even if at the time of the publication of the law. a final judgment had been pronounced and the convict is serving sentence.

True or false

Partly True

What is the exception to the exception? The new law cannot be given retroactive effect:

1. Where the new law is expressly made in applicable to pending actions or existing causes of actions.

2. Where the offender is a habitual criminal.

25

Requisites of dolo

Criminal intent
Freedom of action
Intelligence

26

Requisites of culpa

Criminal negligence
- lack of foresight

Imprudence
LAck of skill

Freedom of action

Intelligence

27

Crimes cannot be committed through culpa

Murder
Treason
Robbery
Malicious mischief

28

Disputably presumed from the performance of an unlawful act

Criminal intent

29

Categories of intent in criminal law

General criminal intent
Specific criminal intent

30

is presumed from the mere doing of a wrong act. This does not require proof. The burden is upon the wrongdoer to prove that he acted without such criminal intent. Note: In felonies by means of deceit, the third element of voluntariness is a general intent.

General criminal intent