PART 1 CLJ BET Flashcards
It is required that the criminal intent be evidenced
by notorious acts evincing the determination to
commit the same. It must be evident and not merely
suspected or merely thought of or contemplated
mentally, without externalized acts. It is necessary to
establish that the accused meditated on his
intention between the time it was conceived and the
time the crime as actually perpetrated. From
among the following aggravating circumstances, what
is being described?
a. Employing means to weaken the defense
b. Evident premeditation
c. Treachery
d. Superior strength
b. Evident premeditation
Killing of a child is Murder qualified by treachery,
even if the manner of attack was not shown.
This statement is –
a. Correct
b. Incorrect
c. Partially correct
d. Partially incorrect
a. Correct
Pedro and Juan agreed and decided to commit
Robbery in the house of Maria. On the following day,
Pedro and Juan told Pepe about the plan and asked
Pepe to drive them to the house of Maria.
Pepe drove Pedro and Juan to the house of Maria
where Pedro and Juan committed Robbery. Is
Pepe liable? If so, what is his liability?
Yes, as an accomplice
On June 24, 2006, President Gloria M. Arroyo signed,
An Act Prohibiting the Imposition of Death
Penalty in the Philippines.
Republic Act 9346
A is that which occurs when the law provides that a
penalty to a particular crime is in addition to
the penalty imposable for another crime which results
from the commission of such particular crime.
Two tiered Penalty
The Bouncing Check Law is covered by the rules
on:
Summary procedure
When fire is used with the intent to kill a particular
person who may be in a house and that
objective is attained by burning the house, the crime is
Murder only
Kupal is a Japanese citizen who had resided in
Pangasinan for 30 years. When Japan declared
war against the Philippines. Kupal and his numerous
Japanese friends attacked a military detachment
manned by Filipino soldiers. What crime did Kupal
commit?
Treason
Pagtataksil sa bayan (war crime)
Liable for treason ;
•Filipino
•Alien ( Residing in the Philippines)
Note : It can be committed in times of peace
Benigno is a sugarcane planter in Hacienda Ymana.
He nurtured a grudge and ill feeling against
Don Geraldo, the owner of the hacienda because he
had not been giving his workers their due share
and benefits. Benigno attacked Don Geraldo with fist
blows and kick blows. What crime did Benigno
commit?
Physical Injuries
If the victim can’t work in;
• Serious Physical Injuries - more than 30 days
• Less Serious Physical Injuries - 10-30 days
• Slight Physical Injuries - 1-9 days
In the crime of making and importing and uttering
false coins, the following elements must be
present EXCEPT:
a. There be genuine coins
b. There be false or counterfeited coins
c. In case of uttering, the offender connived with the
counterfeiters
d. The offender made, imported or uttered such coins
a. There be genuine coins
The following are considered in determining the
sufficiency of the information EXCEPT ?
a. Name of the clerk of court
b. Acts complained of
c. Designation of the offense
d. Date of commission of the offense
a. Name of the clerk of court
Maltreatment of prisoners is qualified if the purpose
is to extort:
A confession
If no appeal is made, a judgment becomes final
after days from its promulgation
15 days
*If the accused is convicted he has the right to appeal for 15 days
At present, one of the following is NOT authorized
to conduct preliminary investigation
a. Prosecutor
b. Judges
c. Assistant city prosecutor
d. State prosecutor
b. Judges
Offenders are free from criminal liability if they are
completely wanting in discernment at the time
that they committed the offense.
Exempted
When the accused is completely deprived of reason
or discernment or freedom of the will at the
time of committing the crime, it is said that is present.
Insanity
Except: if u are in a lucid interval (normal) u will be liable
