Articles 50 - 60 Flashcards

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1
Q

Summary of application for Art. 50-57 of the RPC

A
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2
Q

Basis for reduction in Art. 50 -53 of the RPC

A

Penalty prescribed by law for the consummated felony

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3
Q

Basis for reduction in Art. 54 and 55 of the RPC

A

Penalty prescribed by law for the frustrated felony

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4
Q

Basis for reduction in Art. 56 and 57 of the RPC

A

Penalty prescribed by law for the attempted felony

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5
Q

Exceptions to the rules in Art. 50 - 57

A

They shall not apply where the law EXPRESSLY PRESCRIBES the penalty for a frustrated or attempted felony, or to be imposed upon accomplices or accessories

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6
Q

Penalties for these felonies in frustrated stage may be two degrees lower, and if in the attempted stage, three degrees lower (3)

A
  1. Parricide
  2. Murder
  3. Homicide
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7
Q

The bases for the determination of the extent of penalty to be imposed under the RPC (3)

A
  1. The STAGE REACHED by the crime in its development (attempted, frustrated, consummated)
  2. The PARTICIPATIONS therein of the persons liable
  3. The AGGRAVATING or MITIGATING circumstances which attended the commission of the crime
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8
Q

What is a degree in relation to penalty?

A

A degree is one entire penalty, one whole penalty or one unit of the penalties enumerated in the graduated scales provided for in Art. 71

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9
Q

What is a period of a penalty?

A

A period is one of the three equal portions, called minimum, medium, and maximum, of a divisible penalty.

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10
Q

Title of Art. 58 of the RPC

A

Additional penalty to be imposed upon certain accessories

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11
Q

Additional penalties for public officers who help the author of a crime by misusing their public office and duties as accessories (2)

A
  1. Absolute perpetual disqualification, if the principal offender is guilty of a grave felony
  2. Absolute temporary disqualification, if the principal offender is guilty of a less grave felony
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12
Q

Why does Art. 58 not impose additional penalties in case of light felonies?

A

Because there are no accomplices in light felonies

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13
Q

Title of Art. 59 of the RPC

A

Penalty to be imposed in case of failure to commit the crime because the means employed or the aims sought are impossible

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14
Q

Penalty for impossible crime

A

Arresto Mayor or fine ranging from 200 - 500 pesos

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15
Q

Basis for imposition of propery penalty under Art. 59 (2)

A
  1. Social danger
  2. Degree of criminality shown by the offender
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16
Q

Title of Art. 60 of the RPC

A

Exceptions to the rules established in Articles 50 to 57

17
Q

Cases in which the accomplices are punished as if they were principals (2)

A
  1. The ascendants, guardians, curators, teachers and any person who by ABUSE OF AUTHORITY or CONFIDENTIAL RELATIONSHIP shall cooperate as accomplices in the crimes of:
    a. Rape
    b. Acts of lasciviousness
    c. Seduction
    d. Corruption of minors
    e. White slave trade or abduction
  2. One who furnished the place for the perpetration of the crime of SLIGHT ILLEGAL DETENTION
18
Q

In these crimes, the accessories are punished with one degree lower instead of two degrees (4)

A
  1. Knowingly using counterfeited seal or forged signature or stamp of the President
  2. Illegal possession and use of a false treasury or bank note
  3. Using a falsified document
  4. Using a falsified dispatch