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CRIM LAW VID discussion 1-2 > Vid dis crim law 1-2 > Flashcards

Vid dis crim law 1-2 Flashcards

1
Q

that branch of public law which defines crimes treats of their nature
and provides for their punishment

A

Crim law

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2
Q

punishable by the Revised Penal Code

A

Felony

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3
Q

punishable by special penal laws

A

offense

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4
Q

punishable by city or municipal ordinances

A

Infractions

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5
Q

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

A

crime

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6
Q

a misdemeanour, an offense, or simply CRIME

A

Delict

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7
Q

the fault or negligence of a person causing damage to another, and
there is no pre existing contractual relation between the parties (Article 2176 Civil
Code). Also known as CULPA AQUILIANA

A

Quasi Delict

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8
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 (Spanish Penal Code)
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9
Q

The body of principles, usages and rules of actions which do not result from the
express act of the legislature. There is no such crime in the Philippines.

A

COMMON LAW CRIMES

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10
Q

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

A

NULLUM CRIMEN NULLA POENA SINE LEGE

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11
Q

CHARACTERISTICS OF CRIMINAL LAW

A

General
Territorial
Prospective

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12
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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13
Q

criminal laws are applicable only if the crime is committed within
Philippine territory.

A

Territorial

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14
Q

criminal law cannot make an act punishable in a manner in which it was
not punishable when committed. See Art 366. (The law looks forward and not
backwards)

A

Prospective

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15
Q

EXCEPTIONS TO THE GENERAL CHARACTERISTICS

A
  1. As provided by treaty stipulations- RP-US VFA Agreements
  2. As provided by laws of preferential applications- RA 75 grants protection
    to diplomatic representatives, ambassador or other public ministers of
    foreign countries including their domestic servants authorized and received
    by the President.
  3. Persons who are exempt because of certain principles of international
    laws: Sovereigns and other heads of states Ambassadors, minister
    plenipotentiaries, minister residents and charges d’ affaires.
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16
Q

It means the law (as a general rule) does not have retroactive effect

A

PROSPECTIVE CHARACTERISTICS
Also known as Prospectivity.
Also known as retrospectivity

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17
Q

EXCEPTION TO THE PROSPECTIVE CHARACTER

A

When the new law is favorable to the accused

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18
Q

EXCEPTION TO THE EXCEPTION

A
  • When the offender is a habitual criminal.
  • When the new law expressly provides it has no application or retroactive effect to
    pending actions/cases.
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19
Q

strictly construed against the state and liberally in favor of the
accused

A

penal laws

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20
Q

*If there is a conflict between the Spanish text and the English text

A

the Spanish text
prevails.

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21
Q

When there is doubt about the meaning or application or interpretation of a penal
law and the doubt admits of two interpretations, one which is lenient to the
offender and the other one is favorabe to him, then the interpretation which is
favorable to the accused should be applied.

A

PRO REO DOCTRINE

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22
Q

HISTORY OF THE RPC

A

*The Alleged Code of Calantiao of 1433
*The old Penal Code which took effect until December 31, 1931.
* Administrative Order 94 of the DOJ dated October 18, 1927
* Anacleto Diaz, Quintin Paredes, Guilermo Guevarra, Alex Reyes and
Mariano De Joya
* Revised Penal Code (ACT 3815)
* RPC approved December 8, 1930
* RPC took effect January 1, 1932

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23
Q

the basis of criminal liability is human free will and the
purpose of penalty is retribution. Man is a moral creature with an absolute free will
to choose between good and evil. Here,more stress is placed upon the result of the
crime than the criminal. There is scant regard for the human element.

A

Classical Theory

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24
Q

Man is subdued occasionally by a strange and morbid
phenomenon which constrain him to do wrong. Crime is a social and natural
phenomenon; it cannot be treated therefore by the application of abstract principles
of law or by the imposition of punishment. The purpose of penalty is reformation of
accused. Offender is regarded as a sick person who needs treatment.

A

Positivist Theory

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25
Q

RULES ON CRIMES COMMITTED ABOARD FOREIGN MERCHANT VESSEL WHILE
WITHIN PHILIPPINE WATERS

A

English Rule
French Rule

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26
Q

The crime is punishable in the Philippines, unless the crime merely
affects things within the vessel.

A

English Rule

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27
Q

the crime is not triable in the courts of that country (Philippines),
unless their commission unless their commission has effects on the safety of the
coastal state.

A

French Rule

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28
Q

LIMITATIONS ON THE POWERS OF CONGRESS TO MAKE LAWS

A

No Ex Post Facto Law shall be enacted
No Bill of Attainder shall be passed.

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29
Q

Law that makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act, it may also be defined as a law which aggravates a crime, or makes it greater than it was, when committed.

A

Ex post Facto law

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30
Q

is a law which inflicts
punishment without trial.

A

Bill attainder

31
Q

WARNING: DATE OF EFFECTIVITY IS DIFFERENT FROM DATE OF APPROVAL

A
  • Article 1. Time when Act takes effect- JANUARY 1, 1932.
  • Article 367. RPC approved on December 8, 1930
32
Q

Acts and omissions punishable by law are

A

Felonies

33
Q

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

A

Felonies

34
Q

ELEMENTS OF FELONIES IN GENERAL

A
  • An act or omission
  • Act or omission punishable by the RPC
  • Act is performed or omission is incurred by means of dolo or culpa.
35
Q

is any bodily movement tending to produce some effects in the external
world.

A

Act

36
Q

inaction, the failure to perform an act one is bound to do.

A

Omission

37
Q

involves lack of skill

A

Imprudence

38
Q

involves lack of foresight

A

Negligence

39
Q

REQUISITES OF DOLO OR MALICE (INTENTIONAL FELONIES)

A
  • Freedom of action
  • Intelligence
  • Intent
40
Q

the intention or knowledge of wrongdoing that constitutes part of a crime, as
opposed to the action or conduct of the accused. Criminal Intent

A

Mens Rea

41
Q

REQUISITES OF FAULT OR CULPA (CULPABLE FELONIES)

A
  • Freedom of action
  • Intelligence
  • Imprudent, negligent, or lack of foresight or lack of skill
42
Q

is a misapprehension of fact on the part of the person who caused
injury to another. He is not liable for absence of criminal intent

A

Mistake of fact

43
Q

IGNORANCE OF THE LAW EXCUSES NO ONE FROM THE COMPLIANCE THERE WITH

A

IGNORANTIA LEGIS NON EXCUSAT

44
Q

Latin legal maxim that means ignorance of a fact is an excuse. Any act done under a mistaken impression of a material fact is excused

A

Ignorantia Facti Excusat

45
Q

The act itself does not make a man guilty unless his intention was so.

A

Actus non facit reum nisi mens sit rea

46
Q

An act done by me against my will is not my act

A

Actus me invito factus nonest meus actus

47
Q

Those which are so serious in effects to the so society so as to call for their
unanimous condemnation

A

Crime mala inse

48
Q

These are violations of mere rules of convenience designed to secure a more
orderly affairs of the society.

A

Crime mala prohibita

49
Q

the moving power which impels one to action for a definite result

A

Motive

50
Q

is the purpose to use a particular manes to effect such result

A

Intent

51
Q

is not an element of a crime and need not be proved

A

Motive

52
Q

an element of a crime and must be proved.

A

Intent

53
Q

does 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.

A

Criminal Liability

54
Q

mistake in identity of victim

A

Error in personae

55
Q

mistake in blow.

A

Aberratio ictus

56
Q

result done is greater than that originally intended

A

Praeter intentionem

57
Q

is that cause which in the ordinary and continuous sequence,
unbroken by any efficient intervening cause produces the injury

A

Proximate Cause

58
Q

are those that break the relation of cause and effect

A

Efficient intervening cause

59
Q

those crimes which would have been committed against person or property were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. The purpose of the law in punishing impossible crime is to suppress criminal propensities or tendencies. The penalty for impossible crime is arresto mayor or fine of P200-500

A

Impossible Crimes

60
Q

3 STAGES OF EXECUTION OF FELONIES

A

Consummated, frustrated, and attempted felonies.

61
Q

when all the elements necessary for its execution and accomplishment are present

A

Consumated

62
Q

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

A

Frustrated

63
Q

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

A

Attempted

64
Q

ATTEMPTED FELONY REQUISITES

A
  1. Offender commences the commission of a felony directly by overt acts 2. He does
    not perform all the acts of execution
  2. He is not stopped by his own spontaneous desistance
  3. The non performance of the all acts of execution was due to cause or accident
    other than his own spontaneous desistance
65
Q

It is some physical activity or deed more than a mere planning or preparation, which
if carried out to its complete termination following its natural course. Without being
frustrated by external obstacles nor by the voluntary desistance of the perpetrator,
will logically and naturally ripen in a concrete offense.

A

OVERT ACT

66
Q

It is one where the purpose of the offender in performing an act is not certain

A

INDETERMINATE OFFENSE

67
Q

FRUSTRATED FELONY REQUISITES

A
  1. Offender performs all the acts of execution
  2. Felony is not produced
  3. By reason of cause independent of the will of the perpetrator
68
Q

are crimes consummated in one instant

A

Formal Crime

69
Q

have three stages of execution,

A

Material Crime

70
Q

portion of the acts constituting the crime, starting from the point where the offender begins the commission of the crime to the point where he still has control over his act and their natural course.

A

Subjective Phase

71
Q

If between these two points the offender is stopped by any cause outside of his
own voluntary desistance, the subjective phase has not been passed and it is an
attempt. If he is not so stopped but continues until he performs the last act, it is frustrated, provided the crime is not produced.

A

objective phase of the crime

72
Q

those infractions of law for the commission of which a penalty of arrest minor or a fine not exceeding 200 pesos or both;

A

Light Felonies

73
Q

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

A

A conspiracy

CRIM LAW VID discussion 1-2 (1 decks)

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