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Crim Law > Article 16-19 > Flashcards

Article 16-19 Flashcards

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1
Q

Three persons who are criminally liable for grave and less grave felonies

A
  1. Principals
  2. Accomplices
  3. Accessories
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2
Q

Two persons who are criminally liable for light felonies:

A
  1. Principals
  2. Accomplices
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3
Q

Three classifications of principals:

A
  1. Principal by direct participation.
  2. Principal by inducement or induction.
  3. Principal by indispensable cooperation.
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4
Q

Those who take direct part in the execution of the act

A

Principal by direct participation.

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5
Q

Those who directly force or induce others to commit the act

A

Principal by inducement or induction.

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6
Q

Those who cooperate in the commission of the offense by another act without which it would not have been accomplished.

A

Principal by indispensable cooperation.

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7
Q

Two principals who are present at the crime scene:

A
  1. Principal by indispensable cooperation
  2. Principal by direct participation
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8
Q

Principal who need not be at the crime scene:

A

Principal by inducement

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9
Q

Principal who takes the direct, fatal blow.
Personally and physically took part in the execution of the acts

A

Principal by direct participation.

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10
Q

Principal by directly forcing another to commit a crime

A

Principal by inducement or induction.

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11
Q

Two ways forcing is done

A
  1. Irresistible force
  2. Uncontrollable fear
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12
Q

T/F. Both principal and person induced incur criminal liability (principal by direct participation)

A

True

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13
Q

Two requisites for principal by inducement

A
  1. Made directly with the intention of procuring the commission of the crime
  2. Be the determining cause of the commission of the crime
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14
Q

Two ways to induce

A
  1. Giving a price, or offering reward or promise
  2. Using words of command
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15
Q

Five requisites for inducement by words of command

A
  1. MUST HAVE THE INTENTION of procuring the commission of the crime
  2. MUST HAVE ASCENDANCY or influence over the person who acted
  3. MUST BE SO DIRECT, SO EFFICACIOUS, SO POWERFUL, as to amount to physical or moral coercion
  4. MUST BE UTTERED PRIOR to the commission of the crime
  5. Material executor has NO PERSONAL REASON to commit the crime
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16
Q

Principal who performs an act without which the crime would not have been accomplished.

A

Principal by Indispensable Cooperation

17
Q

T/F. There are at least two persons involved, the principal by direct participation and the principal by indispensable cooperation.

A

True

18
Q

Those persons who, not being included in Art. 17, cooperate in the execution of the offense by previous or simultaneous acts.

A

Accomplices. See Article 18.

19
Q

Why important to distinguish principals from accomplices

A

Effect on penalties.

20
Q

T/F. Effect on penalty if you’re an accomplice is a one degree lower.

A

True.

21
Q

T/F. Effect on penalty if you’re an accessory is two degrees lower.

A

True

22
Q

Three requisites to be called an accomplice

A
  1. There exists a community of design.
  2. Acts previous or simultaneous to the commission of the crime by supplying material or moral aid
  3. Direct relation between the acts done by the principal and those actually committed by the accomplice
23
Q

Difference between knowledge and conspiracy

A

Conspiracy means you are a part of the decision-making process regarding the commission of the crime. Knowledge simply means you know a crime is going to happen, but you did not partake in the decision-making process.

24
Q

T/F. The accomplice needs to perform the final blow.

A

False. No need, otherwise you become a principal by direct participation.

25
Q

Offender must not participate as principal or accomplice.

A

Accessories. See Article 19

26
Q

Two requisites to be called an accessory

A
  1. Knowledge of the commission of the crime.
  2. Subsequent participation in it by any of the three enumerated ways
27
Q

T/F. Accessory does not know anything prior to the commission of the crime.

A

True.

28
Q

Three enumerated ways to be called an accessory

A
  1. By profiting themselves or assisting the offender to profit by the effects of the crime.
  2. By concealing or destroying the body or the instruments used, or the effects thereof is to prevent the discovery of the crime.
  3. By harbouring, concealing, or assisting in the escape of the principals of the crime, as either a public officer or a private individual.
29
Q

Those accessories exempt from criminal liabilit

A

In the second and third enumerated way, it happens to be a relative, spouse, legitimate, natural or adopted brothers and sisters or relatives in the same degree

30
Q

PD 1612 is also known as

A

Anti-fencing law

31
Q

T/F. Anti-fencing law applies only to robbery and theft.

A

True

32
Q

the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft

A

Fencing

33
Q

includes any person, firm, association, corporation or partnership or other organization who/which commits the act of fencing

A

Fence

34
Q

Four elements of fencing

A
  1. Robbery or theft has been committed
  2. The accused, who is not the robber or thief, buys, receives, possesses, keeps, acquires, conceals, sells or disposes or buys and sells the thing derived from robbery or theft
  3. The accused knows or should have known that the thing was derived from robbery or theft
  4. Intent to gain on the part of the accused
35
Q

T/F. Mere possession of any good which has been the subject of robbery or thievery shall be prima facie evidence of fencing.

A

True.

36
Q

Rationale of fencing?

A

Impose higher penalties on persons who profit by the effects of the crimes of robbery and theft.

37
Q

Remedy for those situations that are not enumerated in Article 19?

A

PD 1829

38
Q

Five new situations enumerated in PD 1829 that define accessories

A
  1. Preventing witnesses from testifying by means of bribery, misrepresentation, deceit, intimidation, force or threats
  2. Altering, destroying, suppressing or concealing any paper, record, document or object with intent to impair its verity
  3. Harboring or concealing or facilitating the escape of a person he knows or reasonable ground to believe or suspect has committed any offense under the existing penal laws
  4. Using fictitious name for the purpose of concealing crime
  5. Delaying the case by obstructing the service of court orders

Crim Law (8 decks)

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