Article 23 Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Cite Art. 23 of the RPC

A

Effect of pardon by the offended party - A pardon by the offended party does not extinguish criminal action except as provided in Article 344 of this Code; but civil liability with regard to the interest of the injured paty is extinguished by his express waiver

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Can the fiscal still prosecute the offender even if the injured paty already pardoned the offender?

A

Yes, according to Art. 23 of the RPC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Is the pardon by the offended party a ground for the dismissal of the complaint or information?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Reason for pardon by offended party does not extinguish criminal action

A

A crime committed is an offense against the State. In criminal cases, the intervention of the aggrieved parties is limited to being witnessess for the prosecution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Does compromise extinguish criminal liability?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Can there be compromise for civil liability?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Is a contract stipulating for the renunciation of the right to prosecute an offense or waiving the criminal liability valid?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

In crimes of adultery and concubinage, when can the offended party not institute criminal prosecution?

A

When the offended party consented or pardoned the offenders (Art. 344, par. 2)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

When may there be implied pardon on the part of the offended party?

A

Continued inaction of the offended party AFTER learning of the offense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

When must pardon under Article 344 be made?

A

Before institution of criminal prosecution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

The only act that, according to Article 344 of the RPC, extinguishes the penal action AFTER the institution of criminal action

A

Marriage between the offender and the offended party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Under Art. 344 of the RPC, in crimes of seduction, abduction, rape, or acts of lasciviousness, does pardon by the offended party extinguish criminal liability?

A

No, it only bars criminal prosecution for such felonies under Art. 344 of the RPC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

As a general rule, offenses can be classified into two classes injuries, what are they? (2)

A
  1. Social injury
  2. Personal injury
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is social injury?

A

It is produced by the disturbance and alarm which are the outcome of the offense.
This is sought to be repaired through the imposition of the corresponding penalty. In this class of injury, the State has an interest
The offended party cannot pardon the offender so as to relieve him of the penalty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is personal injury?

A

It is causey to the victim of the crime who suffered damage either to his person, to his property, to his honor or to her chastity.
It is repaired through indemnity, which is civil in nature, the offended party may waive it and the State has no reason to insist in its payment. The waiver, however, must be express

How well did you know this?
1
Not at all
2
3
4
5
Perfectly