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Criminal Law 1-AQ > Articles 1 - 20 Codal Based > Flashcards

Articles 1 - 20 Codal Based Flashcards

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1
Q

Title of Act No. 3815

A

An Act Revising The Penal Code and Other Penal Laws

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2
Q

Act No. 3815 is also known as or its short title is

A

The Revised Penal Code

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3
Q

Title of Art. 1

A

Time when Act takes effect

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4
Q

When does the RPC take effect according to Art. 1

A

First day of January nineteen hundred and thirty-two

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5
Q

Title of Art. 2

A

Application of its provisions

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6
Q

Exceptions in the application of the provisions of the RPC according to Art. 2 with regards to its enforcement(2)

A
  1. Treaties
  2. Laws of preferential application
    TLPA - Treaties, Laws of Preferential Application
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7
Q

Where shall the provisions of the RPC be enforced according to Art. 2 within the Philippines’ jurisdiction? (4)

A
  1. Within the Philippine Archipelago
  2. Including its atmosphere
  3. Interior waters
  4. Maritime zone
    AAIM - Archipelago, Atmosphere, Interior Waters, Maritime
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8
Q

Outside of the Philippines’ jurisdiction, the RPC will be enforced against whom? (5)

A

Those who:
1. Should commit an offense while on Philippine ship or airship
2. Should forge or conterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands
3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number
4. While being public officers or employees, should commit an offense in the exercise of their functions
5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Boke Two of this Code
SFIPNs - Ship, Forge, Introduction, Public, National security

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9
Q

Title of Art. 3

A

Definitions

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10
Q

What are felonies as defined under Art. 3?

A

Acts and omissions punishable by law. A.k.a delitos

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11
Q

How are felonies commited? (2)

A

Felonies are commited by:
1. Means of deceit (dolo);
2. Means of fault (culpa)
DF (DC) - Deceit (Dolo), Fault (Culpa)

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12
Q

When is there deceit?

A

When the act is performed with deliberate intent

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13
Q

When is there fault? (4)

A

When the wrongful act results from:
1. Imprudence
2. Negligence
3. Lack of foresight
4. Lack of skill
FINS - Foresight, Imprudence, Negligence, Skill

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14
Q

Title of Art. 4

A

Criminal Liability

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15
Q

Criminal liability shall be incurred by whom? (2)

A
  1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended
  2. 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 an account of the employment of inadequate or ineffectual means
    DiIi - Different intention, Inherent Impossibility
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16
Q

Title of Art. 5

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

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17
Q

When will the court report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that an act should be made the subject of legislation?

A

Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law

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18
Q

When the court has knowledge of any act which it may deem proper to repress and which is not punishable by law, what shall the courts do? (2)

A
  1. Render the proper decision
  2. 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 legislation
    RR - Render, Report
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19
Q

When will the court submit to the Chief Executive, through the Department of Justice, a statement as may be deemed proper, without suspending the execution of the sentence?

A

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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20
Q

When a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, what shall the courts do?

A

Submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence

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21
Q

Title of Art. 6

A

Consummated, frustrated, and attempted felonies

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22
Q

All three stages of felonies which are punishable (3)

A
  1. Consummated
  2. Frustrated
  3. Attempted
    CFA - Consummated, Frustrated, Attempted
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23
Q

When is a felony consummated?

A

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

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24
Q

When is a felony frustrated?

A

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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25
Q

When is there an attempted felony?

A

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 this own spontaneous desistance

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26
Q

Title of Art. 7

A

When light felonies are punishable

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27
Q

When are light felonies punishable? Is there an exception?

A

Light felonies are punishable only when they have been consummated, except when committed against person or property

28
Q

Title of Art. 8

A

Conspiracy and proposal to commit felony

29
Q

When are conspiracy and proposal punishable?

A

They are punishable only in the cases in which the law specially provides a penalty therefor

30
Q

When does conspiracy exist?

A

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

31
Q

When is there proposal?

A

When the person who has decided to commit a felony proposes its execution to some other person or persons

32
Q

Title of Art. 9

A

Grave felonies, less grave felonies and light felonies

33
Q

What are grave felonies?

A

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

34
Q

What are less grave felonies?

A

hose which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned Art. [Art. 25]

35
Q

What are light felonies?

A

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

36
Q

Title of Art. 10

A

Offenses not subject to the provisions of this Code

37
Q

Which offenses are not subject to the provisions of this Code under par.1 of Art. 10?

A

Offenses which are or in the future may be punishable under special laws

38
Q

What does par. 2 of Art. 10 state?

A

This Code shall be supplementary to such laws, unless the latter should specially provide the contrary

39
Q

Title of Art. 11

A

Justifying circumstances

40
Q

Under Art. 11 these are the following that do not incur any criminal liability (6)

A
  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 (URL)
  2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those 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 revocation was given by the person attacked, that the one making defense had no part therein
  3. 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
  4. Any person who, in order to avoid an evil or injury, does not 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.
  5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office
  6. Any person who acts in obedience to an order issued by a superior for some lawful purpose
    SRSADO - Self-defense, Relatives, Stranger, Avoid, Duty, Order
41
Q

Title of Art. 12

A

Circumstances which exempt from criminal liability

42
Q

Under Art. 12 these are the following that are exempt from criminal liability (7)

A
  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.
  2. A person 15 years of age and under (Amended by R.A 9344)
  3. A person above 15 years of age but below 18, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code (Amended by R.A. 9344)
    When such minor is adjudged to be criminally irresponsible, the court, in conformably 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 Art. 80.
  4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.
  5. Any person who act under the compulsion of irresistible force.
  6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
  7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause.
    I1518AFFF - Imbecile, 15, 18, Accident, Force, Fear, Fails
43
Q

Title of Art. 13

A

Mitigating circumstances

44
Q

These are the following mitigating circumstances: (10)

A
  1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from criminal liability in the respective cases are not attendant.
  2. That the offender is under eighteen year of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of Art. 80.
  3. That the offender had no intention to commit so grave a wrong as that committed.
  4. That sufficient provocation or threat on the part of the offended party immediately preceded the act.
  5. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees.
  6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.
  7. 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;
  8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings.
  9. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of the consciousness of his acts.
  10. And, finally, any other circumstances of a similar nature and analogous to those above mentioned.
    P1870IPVISDIO - Preceding, <18>70,Intention,Provocation,Vindication,Impulse,Surrender,Deaf,Ilness,Other
45
Q

Title of Art. 14

A

Aggravating circumstances

46
Q

These are the following aggravating circumstances: (21)

A
  1. That advantage be taken by the offender of his public position.
  2. That the crime be committed in contempt or with insult to the public authorities.
  3. That the act be committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or that is be committed in the dwelling of the offended party, if the latter has not given provocation.
  4. That the act be committed with abuse of confidence or obvious ungratefulness.
  5. That the crime be committed in the palace of the Chief Executive or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship.
  6. That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense.
  7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune.
  8. That the crime be committed with the aid of armed men or persons who insure or afford impunity.
  9. That the accused is a recidivist.
  10. That the offender has been previously punished by an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.
  11. That the crime be committed in consideration of a price, reward, or promise.
  12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin.
  13. That the act be committed with evidence premeditation.
  14. That craft, fraud or disguise be employed.
  15. That advantage be taken of superior strength, or means be employed to weaken the defense.
  16. That the act be committed with treachery (alevosia).
  17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act.
  18. That the crime be committed after an unlawful entry. There is an unlawful entry when an entrance is effected by a way not intended for the purpose.
  19. That as a means to the commission of a crime a wall, roof, floor, door, or window be broken.
  20. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, airships, or other similar means.
  21. That the Wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission.
47
Q

When is an offense deemed to have been committed by a band?

A

Whenever more than three armed malefactors shall have acted together in the commission of an offense

48
Q

Who is a recidivist?

A

One who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this Code

49
Q

When is there treachery?

A

When the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.

50
Q

Title of Art. 15

A

Their Concept [Alternative Circumstances]

51
Q

What are alternative circumstances?

A

Those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission.

52
Q

What are the alternative circumstances as provided under Art. 15? (3)

A
  1. Relationship
  2. Intoxication
  3. Degree of instruction and education of the offender
    RIDe - Relationship, Intoxication, Degree & education
53
Q

When shall the alternative circumstance of relationship be taken into consideration? (5)

A

When the offended party is:
1. The spouse
2. Ascendant
3. Descendant
4. Legitimate, natural, or adopted brother or sister
5. Relative by affinity within the same degrees of the offender
SADBA- Spouse,Ascendant,Descendant,Brother,Affinity

54
Q

When shall intoxication be mitigating or aggravating?

A

When the offender has committed a felony in a state of intoxication:
Mitigating - If the same is not habitual or subsequent to the plan to commit said felony
Aggravating - When the intoxication is habitual or intentional

55
Q

Title of Art. 16

A

Who are criminally liable

56
Q

Who are criminally liable for grave and less grave felonies: (3)

A
  1. Principals
  2. Accomplices
  3. Accessories
    PAA
57
Q

Who are criminally liable for lightfelonies: (2)

A
  1. Principals
  2. Accomplices
    PA
58
Q

Title of Art. 17

A

Principals

59
Q

Who are considered as principals under Art. 17 of the RPC

A
  1. Those who take a direct part in the execution of the act;
  2. Those who directly force or induce others to commit it;
  3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished.
    PFC - Part, Force, Cooperate
60
Q

Title of Art. 18

A

Accomplices

61
Q

Who are accomplices?

A

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

62
Q

Title of Art. 19

A

Accessories

63
Q

Who are accessories? (3)

A

Those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners:
1. By profiting themselves or assisting the offender to profit by the effects of the crime
2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime
PBE - Profiting, Body, Escape

64
Q

Title of Art. 20

A

Accessories who are exempt from criminal liability

65
Q

The penalties prescribed for accessories shall not be imposed upon those who are such with respect to whom? (5)

A
  1. Their spouses
  2. Ascendants
  3. Descendants
  4. Legitimate, natural, and adopted brothers and sisters
  5. Relatives by affinity within the same degrees
    SADBA - Spouses, Ascendants, Descendants, Brother, Affinty
66
Q

Exception to the exemption from penalties for being an accessory to a crime

A

Accessories falling within the provisions of paragraph 1 of Article 19

Criminal Law 1-AQ (46 decks)

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