Revised Penal Code 2 Flashcards Preview

Personal > Revised Penal Code 2 > Flashcards

Flashcards in Revised Penal Code 2 Deck (31):
1

Complete Defenses in Criminal Cases: (1)

(1) Any of the essential elements of the crime charged is not proved by the prosecution and the elements proved do not constitute any crime.

2

Complete Defenses in Criminal Cases: (2)

(2) The act of the accused falls under any of the justifying circumstances. (Art 11)

3

Complete Defenses in Criminal Cases: (3)

(3) The case of the accused falls under any of the exempting circumstances. (Art 12)

4

Complete Defenses in Criminal Cases: (4)

(4) The case of is covered by any of the absolutory causes. (Art 6, 7, 20, 124, 332, 247, 344)

5

Complete Defenses in Criminal Cases: (5)

(5) Guild of the accused is not established beyond reasonable doubt.

6

Complete Defenses in Criminal Cases: (6)

(6) Prescription of crimes. (Art 89)

7

Complete Defenses in Criminal Cases: (7)

(7) Pardon by the offended party before the institution of criminal action in crime against chastity. (Art 344)

8

Art 11 [1]. Justifying Circumstances:

1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur:
First. Unlawful aggression;
Second. Reasonable necessity of the means employed to prevent or repel it;
Third. Lack of sufficient provocation on the part of the person defending himself.

[Self-Defense]

9

Art 11 [2]. Justifying Circumstances:

2. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or of his relatives by affinity in the same degrees, and those by consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the provocation was given by the person attacked, that the one making defense had no part therein.

[Defense of Relatives]

10

Art 11 [3]. Justifying Circumstances:

3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this article are present and that the person defending be not induced by revenge, resentment or other evil motive.

[Defense of Stranger]

11

Art 11 [4]. Justifying Circumstances:

4. Any person who, in order to avoid an evil or injury, does an act which causes damage to another, provided that the following requisites are present;
First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it.
Third. That there be no other practical and less harmful means of preventing it.

[Avoidance of Greater Evil or Injury]

12

Art 11 [5]. Justifying Circumstances:

Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.

[Fulfillment of Duty or Lawful Exercise of Right or Office]

13

Art 11 [6]. Justifying Circumstances:

Any person who acts in obedience to an order issued by a superior for some lawful purpose.

[Obedience of an Order Issued for Some Lawful Purpose]

14

Justifying Circumstances: Battered Woman Syndrome

RA No. 9262, Section 26. Anti-Violence Against Women and their Children Act of 2004, effective on March 27, 2004

Battered Woman Syndrome

(a) a woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without concern for her rights
(b) include wives or women in any form of intimate relationship with men.
(c) the couple must go through the battering cycle at least twice.

15

Justifying Circumstances: Battered Woman Syndrome
Cycle of Violence

(1) tension-building phase
(2) acute battering incident
(3) tranquil, loving (or, at least, nonviolent) phase

16

Article 12 [1]. Exempting Circumstances

1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for person thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.

17

Article 12 [2]. Exempting Circumstances

2. A person under nine years of age.

Amended by RA No. 9344 (Juvenile Justice and Welfare Act of 2006):
A child fifteen years or under is exempt from criminal liability.

18

Article 12 [3]. Exempting Circumstances

3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Article 80 of this Code.

When such minor is adjudged to be criminally irresponsible, the court, in conformity with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and education; otherwise, he shall be committed to the care of some institution or perosn mentioned in said Article 80.

Amended by RA No. 9344 (Juvenile Justice and Welfare Act of 2006)

Age range changed to a child above fifteen years but below eighteen years of age.

19

Article 12 [4]. Exempting Circumstances

4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.

20

Article 12 [5]. Exempting Circumstances

5. Any person who acts under the compulsion of an irresistible force.

21

Article 12 [6]. Exempting Circumstances

6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.

22

Article 12 [7]. Exempting Circumstances

7. Any person who fails to perform an act required by law, when prevented by some lawful or insuperable cause.

23

Absolutory Causes: Art 6

Spontaneous desistance during attempted stage, and no crime under another provision of the Code or other penal law is committed.

24

Absolutory Causes: Art 7

Light felony is only attempted or frustrated, and is not against persons or property.

25

Absolutory Causes: Art 20

The accessory is a relative of the principal.

26

Absolutory Causes: Art 124

Legal grounds for arbitrary detention.

27

Absolutory Causes: Art 280

Legal grounds for trespass.

28

Absolutory Causes: Art 332

The crime of theft, swindling or malicious mischief is committed against a relative.

29

Absolutory Causes: Art 247

When only slight or less serious physical injuries are inflicted by the person who surprised his spouse or daughter in the act of sexual intercourse with another person.

30

Absolutory Causes: Art 344

Marriage of the offender with the offended party when the crime committed is rape, abduction, seduction, or acts of lasciviousness.

31

Absolutory Causes: --

Instigation