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Criminal Law 1 > RPC Art 1-15 > Flashcards

RPC Art 1-15 Flashcards

1
Q

Article 1 of the RPC
When Laws take Effect

A

This Code shall take effect on the first day of January, nineteen hundred and thirty-two.

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2
Q

Article 2 of the RPC
(Part 1 of 6)

A

Application of its provisions

Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who:

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3
Q

Article 2 of the RPC
(Part 2 of 6)

A
  1. Should commit an offense while on a Philippine ship or airship;
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4
Q

Article 2.of the RPC
(Part 3 of 6)

A
  1. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands;
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5
Q

Article 2 of the RPC
(Part 4 of 6)

A
  1. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number;
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6
Q

Article 2 of the RPC
(Part 5 of 6)

A
  1. While being public officers or employees, should commit an offense in the exercise of their functions; or
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7
Q

Article 2 of the RPC
(Part 6 of 6)

A
  1. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.
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8
Q

Art 3 of the RPC
(Definitions 1 of 3)

A

Acts and omissions punishable by law are felonies (delitos).

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9
Q

Art 3 of the RPC
(Definitions 2 of 3)

A

Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).

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10
Q

Art 3 of the RPC
(Definitions 3 of 3)

A

There is deceit when the act is performed with deliberate intent; and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

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11
Q

Art 4 of the RPC
(Criminal Liability 1 of 2)

A

Criminal liability shall be incurred:

  1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended.
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12
Q

Art 4 of the RPC
(Criminal Liability 2 of 2)

A
  1. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means.
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13
Q

Art 5 of the RPC
(Not Covered by Law)

A

Duty of the Court in Connection with Acts Which Should Be Repressed but Which are Not Covered by the Law, and in Cases of Excessive Penalties. — Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of penal legislation.

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14
Q

Art 5 of the RPC
(Excessive Penalties)

A

In the same way the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense.

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15
Q

Art 6 of the RPC
(Types of punishable felonies)

A

Consummated felonies, as well as those which are frustrated and attempted, are punishable.

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16
Q

Art 6 of the RPC
(Consummated and Frustrated)

A

a felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

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17
Q

Art 6 of the RPC
(Attempted)

A

There is an attempt when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.

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18
Q

Art 7 of the RPC
When light felonies are punishable

A

Light felonies are punishable only when they have been consummated, with the exception of those committed against person or property.

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19
Q

Art 8 of the RPC
(Conspiracy and Proposal)

A

Conspiracy and Proposal to Commit Felony. — Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor

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20
Q

Art 8 of the RPC
(Conspiracy)

A

A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.

21
Q

Art 8 of the RPC
(Proposal)

A

There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.

22
Q

Art 9 of the RPC
(Grave Felonies)

A

Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with article 25 of this Code.

23
Q

Art 9 of the RPC
(Less grave felonies)

A

Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the abovementioned article.

24
Q

Art 9 of the RPC
(Light felonies)

A

Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both, is provided.

25
Q

Art 10 of the RPC
(Offenses not subject)

A

Offenses Not Subject to the Provisions of this Code. — Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary.

26
Q

Art 11 of the RPC
(Justifying Circumstances 1 of 6)

A

The following do not incur any criminal liability:

  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.

27
Q

Art 11 of the RPC
(Justifying Circumstances 2 of 6)

A
  1. 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.
28
Q

Art 11 of the RPC
(Justifying Circumstances 3 of 6)

A
  1. 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.
29
Q

Art 11 of the RPC
(Justifying circumstances 4 of 6)

A
  1. 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.

30
Q

Art 11 of the RPC
(Justifying Circumstances 5 pf 6)

A
  1. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.
31
Q

Art 11 of the RPC
(Justifying Circumstances 6 of 6)

A
  1. Any person who acts in obedience to an order issued by a superior for some lawful purpose.
32
Q

Art 12 of the RPC
Exempting Circumstances 1 of 7

A

The following are exempt from criminal liability:

  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 persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.

33
Q

Art 12 of the RPC
Exempting Circumstances 1 of 7

A

The following are exempt from criminal liability:

  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 persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.

34
Q

Art 12 of the RPC
Exempting Circumstances 2 of 7

A
  1. A person under nine years of age.
35
Q

Art 12 of the RPC
Exempting Circumstances 3 of 7

A
  1. 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 person mentioned in said article 80.

36
Q

Art 12 of the RPC
Exempting Circumstances 4 of 7

A
  1. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.
37
Q

Art 12 of the RPC
Exempting Circumstances 5 of 7

A
  1. Any person who acts under the compulsion of an irresistible force.
38
Q

Art 12 of the RPC
Exempting Circumstances 6 of 7

A
  1. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
39
Q

Art 12 of the RPC
Exempting Circumstances 7 of 7

A
  1. Any person who fails to perform an act required by law, when prevented by some lawful or insuperable cause.
40
Q

Art 13 of the RPC
Mitigating Circumstances 1 of 10

A
  1. Those mentioned in the preceding chapter, when all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant.
41
Q

Art 13 of the RPC
Mitigating Circumstances 2 of 10

A
  1. That the offender is under eighteen years of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of article 80.
42
Q

Art 13 of the RPC
Mitigating Circumstances 3 of 10

A
  1. That the offender had no intention to commit so grave a wrong as that committed.
43
Q

Art 13 of the RPC
Mitigating Circumstances 4 of 10

A
  1. That sufficient provocation or threat on the part of the offended party immediately preceded the act.
44
Q

Art 13 of the RPC
Mitigating Circumstances 5 of 10

A
  1. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, descendants, legitimate, natural, or adopted brothers or sisters, or relatives by affinity within the same degrees.
45
Q

Art 13 of the RPC
Mitigating Circumstances 6 of 10

A
  1. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.
46
Q

Art 13 of the RPC
Mitigating Circumstances 7 of 10

A
  1. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution.
47
Q

Art 13 of the RPC
Mitigating Circumstances 8 of 10

A
  1. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communication with his fellow beings.
48
Q

Art 13 of the RPC
Mitigating Circumstances 9 of 10

A
  1. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of consciousness of his acts.
49
Q

Art 13 of the RPC
Mitigating Circumstances 10 of 10

A
  1. And, finally, any other circumstance of a similar nature and analogous to those above mentioned.

Criminal Law 1 (1 decks)

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