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PART 1 Flashcards

1
Q

It is branch of public law which DEFINES CRIME, TREATS OF THEIR NATURE and provides for their punishment

A

Criminal Law

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2
Q

punishable by CITY or municipal ordinances

A

INFRACTIONS

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2
Q

Punishable by SPECIAL PENAL LAWS

A

OFFENSE

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2
Q

Punishable by the RPC

A

FELONY

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2
Q

a MISDEMEANOUR, an offense, or SIMPLY CRIME

A

Delict

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2
Q

An act committed or omitted in violation of a public law forbidding or commanding it.

A

CRIME

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2
Q

the FAULT OR NEGLIGENCE OF A PERSON CAUSING DAMAGE TO ANOTHER and there is no pre existing contractual relation between the parties

A

Quasi delict

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3
Q

Quasi delict also known as?

A

CULPA AQUILIANA

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3
Q

What is Act 3815?

A

the Revised Penal Code

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3
Q

SOURCES OF CRIMINAL LAW:

A
  1. Act 3815 known as the Revised Penal Code
  2. Special Penal Laws passed by Congress
  3. Presidential Decrees issued by President Marcos
  4. Codigo Penal De Espana
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4
Q

Codigo Penal De Espana known as?

A

Spanish Penal Code

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5
Q

The body of principles, usages and rules of actions which DO NOT RESULT FROM THE EXPRESS ACT OF THE LEGISLATURE

A

COMMON LAW CRIMES

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6
Q

NULLUM CRIMEN NULLA POENA SINE LEGE means?

A

there is no crime if there is no law punishing it.

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7
Q

CHARACTERISTICS OF CRIMINAL LAW:

A

General
Territorial
Prospective

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8
Q

criminal law is binding on ALL PERSONS WHO LIVE or sojourn in the Philippines,
regardless of age, sex or nationality.

A

General

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9
Q

criminal laws are APPLICABLE ONLY IF THE CRIME IS COMMITTED WITHIN PHILIPPINE TERRITORY

A

Territorial

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10
Q

criminal law cannot make an act punishable in a manner in which iIT WAS NOT PUNISHABLE WHEN COMMITTED

A

Prospective

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11
Q

Exception to the GENERAL CHARACTERISTICS:

A
  1. As provided by treaty stipulations
  2. As provided by laws of preferential applications
    3.principles of public international laws:
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12
Q

principles of public international laws:

A

Sovereigns and other chief of states
Ambassadors,
Minister plenipotentiaries
Minister residents
charges d’ affaires.

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13
Q

PROSPECTIVE Also known as

A

prospectivity or irretrospectivity

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14
Q

It means the law (as a general rule) DOES NOT HAVE RETROACTIVE EFFECT

A

PROSPECTIVE

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15
Q

Exception to the PROSPECTIVE CHARACTER

A

When the new law is favourable to the accused.

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16
Q

It is strictly CONSTRUED AGAINST THE STATE and liberally in favor of the accused

A

Penal laws

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17
Q

When there is doubt about the meaning or application or interpretation of a penal
law and the doubt admits of TWO INTERPRETATION

A

PRO REO DOCTRINE

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17
the doubt admits of TWO INTERPRETATION
lenient to offender favorable to him
17
The OLD PENAL CODE which took effect until
December 31, 1931
18
ADMINISTRATIVE ORDER 94 of the DOJ dated
October 18, 1927
19
RPC APPROVED ON
December 8, 1930
20
RPC TOOK EFFECT
January 1, 1932
21
THEORIES IN CRIMINAL LAW:
*Classical Theory *Positivist Theory *Eclectic Theory
22
The basis of criminal liability is human free will and the purpose of PENALTY IS RETRIBUTION
Classical Theory
23
Man is a moral creature with an ABSOLUTE FREE WILL to choose between good and evil
Classical Theory
23
The purpose of PENALTY IS REFORMATION of accused.
Positivist Theory
23
Man is subdued occasionally by a strange and MORBID PHENOMENON WHICH CONSTRAIN HIM TO DO WRONG
Positivist Theory
23
RULES ON CRIMES COMMITTED ABOARD FOREIGN MERCHANT VESSEL WHILE WITHIN PHILIPPINE WATERS:
* English Rule * French Rule
23
the crime is punishable in the Philippines, unless the CRIME MERELY AFFECTS THINGS within the vessel
English Rule
24
the crime is NOT TRIABLE IN THE COURTS OF THAT COUNTRY unless their commission has effects on the safety of the coastal state.
French Rule
25
LIMITATIONS ON THE POWERS OF CONGRESS TO MAKE LAWS:
* No Ex Post Facto Law shall be enacted * No Bill of Attainder shall be passed
26
is a law that makes CRIMINAL AN ACT DONE BEFORE THE PASSAGE OF THE LAW and which was innocent when done, and punishes such an act
Ex Post Facto Law
27
is a law which INFLICTS PUNISHMENT WITHOUT TRIALS
Bill of Attainder
28
It may also be defined as a law which AGGRAVATES CRIME or makes it greater than it was, when committed
Ex Post Facto Law
29
When Felonies are committed?
Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).
29
An Acts and omissions PUNISHABLE BY LAW
FELONY
29
When There is deceit?
There is deceit when the act is performed with deliberate intent
29
When there is fault?
there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill
29
ELEMENTS OF FELONIES IN GENERAL:
* An act or omission * Act or omission punishable by the RPC * Act is performed or omission is incurred by means of dolo or culpa
30
is any BODILY MOVEMENT tending to produce some effects in the external world.
Act
31
inaction, the FAILURE TO PERFORM AN ACT one is bound to do
Omission
32
It is involves LACK OF SKILL
Imprudence
33
it is involves LACK OF FORESIGHT
Negligence
34
it is involves a deficiency of ACTION
Imprudence
35
it is indicates a deficiency of PERCEPTION.
Negligence
36
Requisites of DOLO OR MALICE (INTENTIONAL FELONIES)
* Freedom of action * Intelligence * Intent
36
It is CRIMINAL INTENT
MEN’S REA
37
the iINTENTION OR KNOWLEDGE OF WRONG DOING that constitutes part of a crime, as opposed to the action or conduct of the accused.
MEN’S REA
38
Requisites of FAULT OR CULPA (CULPABLE FELONIES):
* Freedom of action * Intelligence * Imprudent, negligent, or lack of foresight or lack of skill
39
is a MISAPPREHENSION OF FACT on the part of the person who caused injury to another
MISTAKE OF FACT
40
IGNORANTIA LEGIS NON EXCUSAT means?
IGNORANCE OF THE LAW EXCUSES NO ONE FROM THE COMPLIANCE THERE WITH
40
IGNORANTIA FACTI EXCUSAT means?
ignorance of a fact is an excuse.
41
Any act done under a MISTAKEN IMPRESION OF A MATERIAL FACT is excused
IGNORANTIA FACTI EXCUSAT
42
The ACT ITSELF DOES NOT MAKE A MAN GUILTY unless his intention was so.
Actus non facit reum nisi mens sit rea
43
An ACT DONE BY ME AGAINST MY WILL is not my act
Actus me invito factus nonest meus actus
44
Those which are SO SERIOUS IN EFFECT to the so society so as to call for their unanimous condemnation
CRIMES MALA IN SE
44
It is WRONGFUL IN NATURE. Since the beginning of time
CRIMES MALA IN SE
45
These are VIOLATION OF MERE RULES of convenience designed to secure a more orderly affairs of the society
CRIMES MALA PROHIBITA
46
Made wrongful ONLY BY STATUTE
CRIMES MALA PROHIBITA
47
is the PURPOSE TO USE PARTICULAR MEANS to effect such result.
Intent
47
It is not only mean the obligation to serve the personal or IMPRISONMENT PENALTIES BUT IT ALSO INCLUDES THE LIABILITY TO PAY THE FINES or pecuniary penalties.
Criminal liability
47
the MOVING POWER which impels one to action for a definite result
Motive
48
mistake in IDENTITY OF THE VICTIM
Error in personae
49
mistake in BLOW
Aberratio Ictus
50
Result done is GREATER THAN THAT ORIGINALLY INTENDED
Praeter Intentionem
51
What is Rationale of Par. 1?
El que es causa de la causa es causa del mal causado.
52
El que es causa de la causa es causa del mal causado. means?
He who is the cause of the cause is the cause of the evil caused.

CRIM LAW 1 (3 decks)

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