Video Discussion 1- 2 Flashcards
(85 cards)
1
Q
branch of public law which defines crimes treats of their nature and provides for their punishment
A
CRIMINAL LAW
2
Q
punishable by the Revised Penal Code
A
FELONY
3
Q
punishable by special penal laws
A
OFFENSE
4
Q
punishable by city or municipal ordinances
A
INFRACTIONS
5
Q
An act committed or omitted in violation of a public law forbidding or commanding it
A
CRIME
6
Q
a misdeamenor, an offense, or simply CRIME.
A
DELICT
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
8
Q
SOURCES OF CRIMINAL LAW
A
- Act 3815 known as the Revised Penal Code
- Special Penal Laws passed by Congress
- Presidential Decrees issued by President Marcos
- Codigo Penal De Espana (Spanish Penal Code)
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
10
Q
Meaning of NULLUM CRIMEN NULLA POENA SINE LEGE
A
There is no crime if there is no law punishing It
11
Q
CHARACTERISTICS OF CRIMINAL LAW
A
GENERAL
TERRITORIAL
PROSPECTIVE
12
Q
Criminal law is binding on all persons who live or sojourn in the Philippines, regardless of age, sex or nationality
A
GENERAL
13
Q
Criminal laws are applicable only it the crime is committed within Philippine territory
A
TERRITORIAL
14
Q
criminal law cannot make an act punishable in a manner in which it was not punishable when committed
A
PROSPECTIVE
15
Q
EXCEPTIONS TO THE GENERAL CHARACTERISTICS
A
- As provided by treaty stipulations
- As provided by laws of preferential applications
- Persons who are exempt because of certain principles of international laws:
16
Q
It means the law (as a general rule) does not have retroactive effect
A
PROSPECTIVE CHARACTERISTICS
17
Q
Also known as irretrospectivity.
A
PROSPECTIVE CHARACTERISTICS
18
Q
Also known as prospectivity
A
PROSPECTIVE CHARACTERISTICS
19
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
20
Q
The old Penal Code which took effect until ?
A
December 31, 1931
21
Q
Administrative Order 94 of the DOJ dated?
A
October 18, 1927
22
Q
What is ACT 3815 ?
A
REVISED PENAL CODE
23
Q
When RPC approved?
A
December 8, 1930
24
Q
When RPC took effect?
A
January 1, 1932
25
THEORIES IN CRIMINAL LAW
Classical Theory
Positivist Theory
26
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.
CLASSICAL THEORY
27
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
POSITIVIST THEORY
28
RULES ON CRIMES COMMITTED ABOARD FOREIGN MERCHANT
VESSEL WHILE WITHIN PHLIPPINE WATERS
English Rule and French Rule
29
the crime is punishable in the Philippines, unless the crime merely affects things within the vessel
ENGLISH RULE
30
the crime is not triable in the courts of that country (Philippines), unless their commission has effects on the safety of the coastal state
FRENCH RULE
31
LIMITATIONS ON THE POWERS OF CONGRESS TO MAKE LAWS
Ex Post Facto Law
Bill of Attainder
32
law that makes criminal an act done before the passage of the law and which incent when done, and punishes such an act it may also be defined as a law which aggravales a crime,or make it greater than it was, when commited
EX POST FACTO LAW
33
law which inflicts punishment without trial
BILL OF ATTAINDER
34
is any bodily movement tending to produce some effects in the external
world
ACT
35
inaction, the failure to perform an act one is bound to do
OMISSION
36
involves lack of skill
IMPRUDENCE
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involves lack of foresight
NEGLIGENCE
38
Failure to make precaution
IMPRUDENCE
39
Failure to use diligence
NEGLIGENCE
40
REQUISITES OF DOLO OR MALICE (INTENTIONAL FELONIES)
• Freedom of action
• Intelligence
• Intent
41
Mens Rea refer to ?
Criminal Intent
42
the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused
Mens Rea
43
REQUISITES OF FAULT OR CULPA (CULPABLE FELONIES)
• Freedom of action
• Intelligence
• Imprudent, negligent, or lack of foresight or lack of skill
44
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
MISTAKE OF FACT
45
IGNORANTIA LEGIS NON EXCUSAT
IGNORANCE OF THE LAW EXCUSES NO ONE FROM COMPLIANCE THEREWITH
46
It is 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
IGNORANTIA FACTI EXCUSAT
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Actus non facit reum nisi mens sit rea
The act itself does not make a man guilty unless his intention was so
48
Actus me invito factus nonest meus actus
An act done by me against my will is not my act.
49
Those which are so serious in effects to the so society so as to call for their unanimous condemnation
CRIMES MALA IN SE
50
These are violations of mere rules of convenience designed to secure a more orderly affairs of the society
CRIMES MALA PROHIBITA
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Wrongful in nature. Since the beginning of me
CRIMES MALA IN SE
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Made wrongful only by statute
CRIMES MALA PROHIBITA
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Generally punished by Revised Penal Code
CRIMES MALA IN SE
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Punished by special penal law
CRIMES MALA PROHIBITA
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the moving power which impels one to action for a definite result.
MOTIVE
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the purpose to use a particular manes to effect such result
INTENT
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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.
CRIMINAL LIABILITY
58
Article 4 (1) may refer to either:
Error in personae
Aberratio Ictus
Praeter Intentionem
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mistake in identity of victim
Error in personae
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mistake in blow
Aberratio Ictus
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Result done is greater than that originally intended
Praeter Intentionem
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Meaning of El que es causa de la causa es causa del mal causado.
He who is the cause of the cause is the cause of the evil caused
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is that cause which in the ordinary and continuous sequence, unbroken by any efficient intervening cause produces the injury
PROXIMATE CAUSE
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are those that break the relation of cause and effect
EFFICIENT INTERVENING CAUSE
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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
IMPOSSIBLE CRIME
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3 STAGES OF EXECUTION OF FELONIES
ATTEMPTED
FRUSTRATED
CONSUMMATED
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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.
ATTEMPTED
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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
FRUSTRATED
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when all the elements necessary for its execution and accomplishment are present;
CONSUMMATED
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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
OVERT ACT
71
It is one where the purpose of the offender in performing an act is not certain
INDETERMINATE OFFENSE
72
are crimes consummated in one instant. There is only one stage and that is consummated stage
FORMAL CRIMES
73
have three stages of execution, attempted, frustrated and consummated.
MATERIAL CRIMES
74
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
SUBJECTIVE PHASE
75
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
OBJECTIVE PHASE
76
those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding 200 pesos or both; is provided.
LIGHT FELONIES
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exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.
Conspiracy
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when the person who has decided to commit a felony proposes its execution to some other person or persons
proposal
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WHEN THERE IS CONSPIRACY BETWEEN OR AMONG THOSE WHO COMMITTED THE CRIME THE ACT OF ONE IS THE ACT OF ALL.
RULE IN CONSPIRACY
80
CLASSIFICATION OF FELONY ACCORDING TO GRAVITY
Grave felonies,
Less grave felonies ;and
Light felonies.
81
those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art, 25 of this Code
GRAVE FELONIES
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those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned Art..
LESS GRAVE FELONIES
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those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding 200 pesos or both, is provided
LIGHT FELONIES
84
a law which defines and punishes act not found in the RPC
SPECIAL LAW
85
FIVE CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY
1. Justifying Circumstances
2. Exempting Circumstances
3. Mitigating Circumstances
4. Aggravating Circumstances
5. Alternative Circumstances
