QA Criminal Law Flashcards
A theory in Criminal Law which says that man is occasionally subdued by strange social phenomenon that compels him to do wrong.
Positivist theory
Who is exempt from the application of penal law in the Philippine territory?
Consul
When the subsidiary penalty imposed is only fine, the subsidiary imprisonment shall not exceed:
6 months
It is not an accessory penalty and is not deemed imposed unless expressly provided for in the sentence of conviction.
Subsidiary imprisonment
A induced X to kill Y. X killed Y by means of treachery. Should treachery be appreciated also against A, the principal by inducement?
Yes, if he has knowledge that X killed Y by means of treachery.
Habitual delinquency is limited only to the following six felonies:
Falsification, Robbery, Estafa, Theft, Serious Physical Injuries, Less Serious Physical Injuries.
An aggravating circumstance which is not considered in the imposition of penalty.
- Aggravating circumstance which constitute the crime itself.
- Aggravating circumstance which accompanies the commission of the crime.
- Aggravating circumstance inherent in the commission of the crime.
The penalty one degree lower from Reclusion Temporal maximum to Death is:
Prision Mayor maximum to Reclusion Temporal in its minimum and medium periods.
The crime of Libel prescribes in:
1 year
It consists in the suspension of the sentence of a convict after serving the maximum of the sentence imposed.
Parole
A disposition under which an accused after conviction is released subject to the conditions imposed by the court.
Probation
If the offender is sentenced to a term of imprisonment of more than one year, the period of probation shall not exceed:
6 years
X was sentenced to suffer imprisonment of 4 years, 2 months and one day as minimum to 6 years and to pay the offered party P5, 000.00. X applies for probation which was granted by the court. Is he exempted to pay the amount mentioned?
X shall still pay the P5,000.00 because Probation affects only the criminal aspect of the case.
According to the order of severity, the penalty next lower in degree from Arresto Mayor.
Arresto Menor.
The three-fold rule applies only if a convict were to suffer at least:
- Retribution or expiation
- Correction or reformation
- Social defense
4 penalties
Destierro consists of banishment of the convict to a distance of:
Not less than 25 kilometers but not more than 250 kilometers radius
A, B, C, and D, all armed with M-16 rifles, went to the house of the intended victim, X. All four wanted to kill X who they believed was inside her house. All four riddled the house of X with armalite bullets. It so happened that X did not go home that night. A, B, C, and D committed:
Malicious Mischief because the house was destroyed due to the felonious act of the four.
If an act needs to be repressed but is not covered by the law, it is the duty of the court to:
Render the proper decision and shall report to the Chief Executive through the Department of Justice that said act should be made the subject of penal legislation.
A attacked B with a knife. B ran away and jumped into the river to avoid A. B drowned and died.
A is liable for the death of B because the proximate cause of the latter’s death was his chasing him with a knife.
A, a student, boxed B, his teacher.
The act brings about variant crimes so there is a need to know the motive of the attack to know what crime is committed by A
It is the law which provides that members of the official household or retinue of a foreign ambassador to the Philippines enjoy the diplomatic immunity of the foreign ambassador if their names are submitted to the Department of Foreign Affairs and provided further that the country of the foreign ambassador provides reciprocal immunity to the members of the official household or retinue of the Philippine Ambassador.
RA 75
X killed Y by stabbing him from behind. X called for Z, his brother in law, and told the latter that he killed Y. X asked Z to bury the cadaver of Y to prevent its discovery which Z did. Z is?
Z is an accessory but is exempt from liability
X burned the clothing drenched in blood he found inside the trunk of the car of his employer because there were already many worms on the clothing and bad odor was already emitting therefrom. It turned out that the clothing belonged to a murder victim. X is not an accessory because:
He burned the clothing not to prevent the discovery of a crime,
Kenzo is being courted by Renz. During her birthday, Renz gave Kenzo a gold bracelet as a gift. Kenzo did not know that Renz snatched it from Yari.
Kenzo is not an accessory because she had no knowledge in the commission of the crime.
Rapots stole the cell phone of Jarred. Rapots gave the cell phone to Tibor. Rapots told Tibor not to tell anybody that he is the source of the cell phone. Tibor agreed, and from then on kept, possessed, and used the cell phone.
Tibor is not an accessory because he is a principal in the crime of Fencing.
. He is not a co-conspirator but the moment he comes to know about the conspiracy, he concurs, conforms, and cooperates by previous or simultaneous acts. However, his act is not equal to or greater than the act committed by the perpetrator of the crime.
Accomplice
A slapped X. B saw the act committed by A. B stabbed and killed X.
A is liable as principal in the crime of Physical Injuries and B is liable as principal in the crime of Homicide
Justin and Rexor conspired to kill Warlito. Rexor was designated as the triggerman. Pursuant to the conspiracy, Rexor killed Emerito, not Warlito, because of mistaken identity.
Justin is not liable for the crime committed by Rexor because the killing of Emerito is not the crime conspired upon by them,
The legal duration of Prision Mayor is:
6 years and one day to 12 years
A judgment of conviction becomes final:
- After the lapse of 15 days from the date of promulgation.
- When the accused expressly waives in writing his right to appeal.
- When the appeal already filed is withdrawn from the court.
If the offender did not voluntarily agree in writing to abide by the rules of discipline of the penal institution, he is entitled to a reduction of his preventive imprisonment equivalent to:
4/5 of the time during which he has undergone preventive imprisonment
X was charged with an offense. He was sentenced to suffer imprisonment of 6 years and one day, and to pay fine of P2,000.00. X was not able to pay the fine.
X should not suffer subsidiary imprisonment because the principal penalty imposed is higher than prision correctional
What is the penalty imposable for complex crimes?
The penalty for the most serious crime to be applied in the maximum period
Delito complejo means:
When an offense is committed as a necessary means to commit the other.
The penalty to be imposed upon an accomplice in a consummated crime.
The penalty next lower in degree than that prescribed by law for the consummated felony.
It is known as a group of two or more persons collaborating, confederating, or mutually aiding one another for purposes of gain in the commission of any crime.
Syndicate
In Habitual Delinquency, the offender shall be sentenced to the penalty provided by law for the last crime which he be found guilty and an additional penalty. However, the total of the two (2) penalties to be imposed upon the offender shall in no case exceed:
30 years
It takes place when a person at the time of his trial for an offense, shall have previously served a penalty to which the law attaches an equal or greater penalty.
Reiteracion
A and B forcibly dragged X from his house and killed him at a distance of 200 meters away from his house dwelling is:
Aggravating because the aggression started from the dwelling of X
Band consist of:
More than three (3) armed malefactors
Johannes raped Dionisia in front of her husband. The crime is attended by the aggravating circumstances of:
Ignominy
It is considered as an alternative circumstance.
Relationship, Intoxication and Degree of education
A and B conspired to beat C and inflict physical injuries upon the latter. In the course thereof, A and B attacked C. A inflicted physical injuries upon C while B inflicted a mortal wound upon C which caused C’s death. The death of C was not included in the conspiracy.
A and B are liable for death of the victim because it is the direct, natural, and logical consequence of the crime agreed to be committed
A and B are engaged in a ferocious fight. Both are armed with bolos and they were hacking each other. The father of A arrived and shouted to A “kill him my son!” Eventually, A killed B.
The father is not a principal by inducement because the son, A, already had a reason to kill B
Deborah has a bank deposit of P50,000.00. She was able to withdraw P150,000.00 because of the manipulation made by Jessie, the manager of the bank, who certified that Deborah has more than the amount to be withdrawn. Jessie is:
Liable as principal by indispensable cooperation
Robin and Cesar were fighting. Cesar fell on the ground and Robin went on top of him. Robin strangled Cesar. Thereupon, Rustom, the brother of Robin came and stabbed Cesar twice. When Robin saw what Rustom did, he continued to strangle Cesar. Cesar died because of the stab wounds inflicted by Rustom. What is the liability of Robin?
Robin is an accomplice because he concurred in the act of Rustom when he continued to strangle Cesar after Rustom stabbed him.
A fine is considered correctional penalty if it:
is not less than P200.00 but not more than P6,000.00
State the order of payment of the pecuniary liabilities of an offender.
Reparation of damage caused, indemnification for consequential damages, fine and costs
A with intent to kill, fired his gun at B. The bullet which hit B also hit C, D, E and F. B suffered slight physical injuries, C was seriously wounded but was operated on and was saved by the doctor. D suffered a serious wound but was also saved by timely medical intervention. F died. A committed:
Homicide with double Frustrated Homicide with Attempted Homicide
A was charged with Murder. During the hearing, A was able to prove voluntarily surrender, sufficient provocation, and passion or obfuscation. In case of conviction, the penalty imposable upon A is:
Reclusion Perpetua
The act of any person who with intent to gain for himself or for another, shall receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy or deal with any article, item, or object which he knows or should have known to have been derived from the proceeds of robbery or theft.
PD 1612
A and B challenged each other to a fight. In the course thereof, A killed B. A was chased by policemen. A went to C, his friend and confessed that he killed B. C gave B P10,000.00 which the latter used to elude the authorities.
C violated PD 1829
It grants oblivion to all effects of conviction and restores political rights.
Absolute pardon
When can the penalty of Destierro be imposed?
- When death is caused under exceptional circumstances under Art. 247 of the Revised Penal Code.
- As a penalty for the concubine in concubinage.
- When after lowering the penalty by degrees, destierro is the proper penalty.
X was sentenced to suffer the following penalties: Arresto Menor, Destierro, Arresto Mayor, and Prision Correccional. X should serve them successively according to the order of severity which is:
Prision Correccional, Arresto Mayor, Arresto Menor, Destierro.
Why is the sentence in the Indeterminate Sentence Law called indeterminate?
Because it cannot be determined as to how long the convict will serve sentence because after served the minimum, he may be released on parole.
There are four mitigating circumstances and one aggravating circumstance. Under the rules on offsetting, there remain three mitigating circumstances. The judge therefore lowered the penalty by one degree and applied the penalty in the medium period. Is the judge correct?
No, because the penalty should not be lowered by one degree considering that there is an aggravating circumstance present.
Robbery in an uninhabited place is qualified when committed by:
a band and in an uninhabited place.
In the course of the robbery committed by A, B, and C, in the house of X, the robbers killed three occupants of the house with treachery.
A, B, and C committed Robbery with Homicide.
Arturo and Luisa are common law spouses. They have been cohabiting as husband and wife for the last 7 years. One day, Luisa stole the wallet of Arturo containing money.
Luisa committed theft but is exempt from criminal liability because the exemption includes common-law spouses.
Bribery is qualified if a public officer:
Refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and /or death.
While SPO1 Villanueva was cleaning his gun, he forgot to remove he bullet from its chamber. In the process, he squeezed the trigger and it fired hitting his wife who died. SPO1 Villanueva is liable for:
Reckless Imprudence resulting in Parricide.
Qualified theft is committed:
- If the property stolen are coconuts taken from the premises of a plantation.
- If fish be taken from a fishpond.
- If the property taken is a mail matter.
In Estafa with abuse of confidence under Art. 315 of the Revised Penal Code:
Deceit is not an essential element
Carlos and Vangie are sweethearts. Carlos is 25 years old and Vangie is 16 years old. Carlos and Vangie have had several sexual intercourses. On June 16, 2011, when Vangie turned 17 years old, Carlos and Vangie eloped and Carlos took her with her consent to the Boracay resort. They had carnal relations while thereat. Carlos was charged with consented abduction. Carlos argued that he is not liable because previously, they had sexual relations with Vangie and therefore Vangie was no longer a virgin.
Carlos is liable because virginity is not to be understood in its material sense as to exclude the abduction of a woman of good reputation.
Johnny and Susan are husband and wife. They agreed to live separately because of irreconcilable differences. They signed an agreement stipulating that both shall be free to get any mate and live as husband and wife without interference from each other. Susan cohabited with Zandro.
Susan and Zandro are not liable because the written agreement of Johnny and Susan is an unbridled (unrestrained) license for the commission of adultery.
Jesus and Remedios are husband and wife. When Remedios was 7 months pregnant, Jesus died. Three months after Remedios delivered her child, she married Reynaldo, her first love. Remedios was charged with premature marriage because being a widow, she married within 301 days from the death of her husband.
Remedios is not liable because the period of 301 days is only for cases where the woman is not pregnant.
X, a police officer arrested Y for violation of RA 9165. For several times, he ignored a subpoena for him to appear in court and testify in a criminal case filed against Y.
X is liable for Refusal of assistance
Rosy is the household of Anthony. Rosy was scolded by Anthony for several times because she was not doing her laundry well. Rosy put poison in the food of the Labrador dog of Anthony. As a result, the dog died.
Rosy committed Special Malicious Mischief.
George took Daphne against her will for the purpose of marrying her. George is married but is separated in fact for 2 years.
George is liable for Forcible Abduction because there being an impediment (block the progress) to the marriage, his purpose can be considered as lewd.
Violation of Domicile can be committed by any public officer or employee who:
- Shall enter any dwelling against the will of the owner thereof.
- Shall search papers or other effects without previous consent of the owner.
Rodito is a tenant of a dwelling unit. He closed the door of his house and locked it with the use of a wire which he tied to a piece of nail on the doorcap. Zozimo, his neighbor, cut the wire with a wire cutter and entered the house of Rodito and took valuables from the house. Zozimo is liable for:
Theft because what was broken was not the door itself but merely an accessory of the door.
X, a provincial fiscal was travelling to a certain municipality to conduct a preliminary investigation. Along the way, Bartolo, who was then driving a truck refused to give way to the car of the fiscal and even zigzagged in front of the car to prevent it from overtaking his truck. The fiscal signaled the truck to stop which Bartolo did. X introduced himself as a fiscal. Bartolo drew his gun, cocked it, and pointed it to the fiscal.
Bartolo committed Direct Assault upon a person in authority because the performance of duty of the fiscal includes his traveling to the place of work.
Cattle Rustling means:
Taking away by any means, method or scheme, without the consent of the owner/raiser, of any large cattle whether or not for profit.
X held up a car with three passengers. At gunpoint, he took the expensive watches of the two passengers. The driver of the car tried to fight back so X killed him. He did not get any valuable item from the driver.
X committed Robbery with Homicide
X stole the savings passbook of Y. He withdrew P50,000.00 from the bank by counterfeiting the signature of Y. X committed:
Estafa thru Falsification
It is the duly recorded authorized movements and handling of seized drugs or laboratory equipments from the time of seizure / confiscation to receipt in forensic laboratory to safekeeping to presentation in court to destruction.
Chain of custody
The three-fold rule applies only if there are at least:
4 penalties
X mixed poison in the coffee of Y to kill him. Unknowingly, Y drank his coffee laced with poison. Nothing happened to Y as the poison had no effect at all. X committed:
Impossible Crime
A hacked B. He missed hitting B but the blade of the bolo landed at the neck of C who died as a result. Determine the crime committed by A:
A committed Homicide with Attempted Homicide
A shot B and the latter was hit. B sustained slight physical injuries. The bullet which hit B also hit C who died as a result.
A committed Homicide with Attempted Homicide
A shot B. B was hit. The bullet which hit B also hit C. B suffered a mortal wound but was saved by timely medical intervention. For his part, C died. A voluntarily surrendered to the police. What crime/s did a commit?
A committed Homicide with Frustrated Homicide
In the preceding problem, impose the proper penalty on A taking into consideration the Indeterminate Sentence Law. (A shot B. B was hit. The bullet which hit B also hit C. B suffered a mortal wound but was saved by timely medical intervention. For his part, C died. A voluntarily surrendered to the police. What crime/s did a commit?)
Prision Mayor in any of its periods as minimum to Reclusion Temporal in its maximum period as maximum.
A, a pickpocket, stole an item in the bag of another person. When he arrived home, he brought out the said item and was surprised because the item is his own watch that he lost a month earlier.
A committed an Impossible crime
The crime of Expulsion can be committed by:
A public officer and a public employee
It refers to a number of persons secretly united and use devious and undercover means to bring about an overturn public affairs or undermine and cause the downfall of a person with a position or authority.
Cabal
Using a fictitious name is committed by any person who shall publicly use a fictitious name for the purpose of:
Concealing a crime, evading execution of judgment or causing damage to public interest
Killing of a child exactly 3 days old is:
Murder
It is known as the improper performance of an act which might be lawfully done:
Misfeasance
It prohibits giving and acceptance of gifts by or to a public officer even during anniversaries or occasions.
PD 46
It is a felony committed by collecting as payments objects of a nature different from that provided by law.
Illegal Exaction
George and Anna cohabited as husband and wife without the benefit of marriage. They begot a child Juanito. When Juanito was 18 years of age, he quarreled with his grandfather Jose, the father of Johnny. Juanito killed his grandfather Jose. Juanito committed:
Homicide
It is the conscious and deliberate adoption of means, methods or forms of attack that will ensure the commission of a crime without risk on the offender arising from the defense to be put up by the victim.
Alevosia (treachery)
The person liable in death caused in a tumultuous affray is:
the person who inflicted serious physical injuries
It is committed by shooting at another with any firearm without intent to kill:
Illegal Discharge of Firearm
A mother who kills her 2-day old child commits:
Infanticide.
A and B engaged in a fight. B was at the losing end because he was smaller. When they grappled with each other, B bit the ears of A so hard that the ears of A were severed. B committed:
Mutilation
