Book 1 Flashcards
“The Revised Penal Code.”
Republic Act. No 3815
Time when Act takes effect
January 1, 1932
Acts and omissions punishable by law
felonies (delitos).
deceit
(dolo)
fault
(culpa)
when the act is performed with deliberate intent
deceit (dolo)
when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill
fault (culpa)
when all the elements necessary for its execution and accomplishment are present
consummated
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
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
punishable only when they have been consummated, with the exception of those committed against person or property
Light felonies
punishable only in the cases in which the law specially provides a penalty therefor
Conspiracy and proposal
when two or more persons come to an agreement concerning the commission of a felony and decide to commit it
conspiracy
when the person who has decided to commit a felony proposes its execution to some other person or persons.
proposal
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
those which the law punishes with penalties which in their maximum period are correctional, in accordance with the Art. 25 of this Code
Less Grave Felonies
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
Do not incur any criminal liability
justifying circumstance
Anyone who acts in defense of his person or rights.
(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.)
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
Anyone who acts in defense of the person or rights of a stranger
Any person who, in order to avoid an evil or injury.
Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.
Any person who acts in obedience to an order issued by a superior for some lawful purpose.
Justifying circumstances