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1-1 > Crim Law 1 > Flashcards

Crim Law 1 Flashcards

1
Q

Impossible Crime and Penalty

A
  1. Act performed would be crime against PERSONS or PROPERTY
  2. Done with evil intent
  3. Accomplishment is
    a. Inherently Impossible
    b. Means employed were ineffective or inadequate
  4. Would not constitute any other violation in the RPC

Penalty - Arresto Mayor and P200-P500

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2
Q

Doctrine of Pro Reo

A

Every doubt is rendered in favor of the accused. Courts must consider circumstances in his favor.

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3
Q

Rule of Lenity

A

When there is Ambiguity, resolve ambiguity in favor of the accused

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4
Q

Where is the power to define and punish crimes derived from?

A

Art II Sec 5. Maintenance of peace and order, protection of Life, liberty and property and promotion of general welfare are essential for enjoyment of democracy

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5
Q

General Intent vs Specific Intent

A

General - Intent to cause damage to another
Specific - Must be specific to the crime (Intent to gain, intent to kill)

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6
Q

4 Theories in Criminal Law

A

Classical - Basis of crim liablity is free will and punishment is for retribution

Positivist - Man is subdued by strange and morbid phenomenon that compels him to do crime

Mixed - Mix of the first where crimes have a social and economic element should be dealt with a modicum of compassion

Utilitarian (Protective) Primary purpose of Crim law is to protect society from actual/potential wrongdoers

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7
Q

Constitutional Limits to enact penal laws (8)

A

Equal Protection
Due Process
Freedom of Expression
Freedom of speech
No plain, oppressive, cruel or inhumane punishment
Criminal Due Process
Bill of Attainder
Ex post Facto

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8
Q

Attempted Felony

A
  1. Commences commission of felony directly by overt act
  2. Acts performed would constitute a felony
  3. Acts not stopped by own spontaneous desistance
  4. non-performance of act was independent of cause/accident
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9
Q

3 Characteristics of Crim Law

A

Generality - Applies to all those who live or sojourn in the PH
XP: Other Chiefs of state
Ambassadors
Minister Plenipotentiary and residents
Charges’ de affiars

Territoriality - Applies to entire territory of PH (See Art 1 1987 Consti)
XP: Ph ship/airship
forges/counterfeits ph currency or obligations (includes lotto tickets)
brings the same to PH
Public officers in discharge of their official tasks
Violation of laws of public security or national order

Prospective- Forward Application

XP: Unless specifically made retroactive
Art 22 RPC - Retroactive if favorable to the accused

 EXP: Unless habitual delinquent
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10
Q

Felony - Art 4

A

Any act/ommission in violation of the RPC
may be done by dolo/culpa

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11
Q

Dolo vs Culpa

A

Dolo - With malice and intent to cause injury to another

Culpa - No malice and punished to a lesser degree

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12
Q

Habitual Delinquent

A

Within a period of 10 YEARS
committed 3 crimes or more
Crimes are FRETSeL
Falsification
Robbery
Estafa
Theft
Serious Phys Injuries
Less serious ph injuries

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13
Q

French vs English Rule

A

French: Flag country has jurisdiction
XP: Crimes on board are not triable unless it affects peace and order of host country

English: Territory has jurisdicition
XP: Crime merely affects internal management of the ship

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14
Q

Differentiate Oanis vs Ah Chong (When is there mistake of fact)

A

Ah Chong:
1. There is mistake of fact
2. No fault on accused
3. pressed by circumstances to act immediately

Oanis
1. No mistake of facts
2. Fault on the part of the accuse
3. Not pressed by any circumstance to act immediately

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15
Q

People v Santiago

A

The State has the power to define and punish crimes and lay down the rules for crim procedure

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16
Q

US vs Pablo

A

The right to punish and prosecute a crime is a natural right of the state to LOOK AFTER, GUARD and DEFEND
a. Interest of community
b. individuals and social rights and liberties

17
Q

Define Criminal Law and provide its sources

A

Branch of Public Law that defines crimes, treats of their nature and provides punishment thereof

Sources
RPC
Special Penal Laws
PD under Marcos
Ordinances

18
Q

Due Process (HPPOJ)

A
  1. Heard by impartial and competent court
  2. Punished only after inquiry and investigation
  3. Proceeded against an orderly process of law
  4. Opportunity to be heard
  5. Judgement awarded from law with constitutional authority
19
Q

Felony vs Offense vs Crime

A

F - violation of RPC
O - violation of SPL
C- violation of any penal law

20
Q

Bill of attainder

A

Legislative act that inflicts punishment without judicial determination of guilt

21
Q

Ex post facto

A

Retroactive penal law prejudicial to the accused

22
Q

Due Process vs Crim Due Process

A

Due Process - HPPOJ
Crim Due Process - IHI SWA

23
Q

Freedom of Expression (SEPP)

A

No law shall be made abridging freedom to SPEECH, EXPRESSION, PRESS and PEACEFUL ASSEMBLY to redress govt grievances

24
Q

Freedom of Religion

A

No law shall be made prohibiting free exercise of religion

25
Q

No excessive fines or cruel punishment

A

No law shall be made where punishment is flagrantly or plainly oppressive that is so disproportionate as to shock the moral sense of reasonable persons

26
Q

Actus Rea and Mens Rea

A

AR - Direct, physical overt act in committing a crime

MR - guilty state of mind/intent accompanying actus rea

27
Q

Intent v Motive

A

Intent - Purpose to use particular means to effect a result

Motive - Moving power that impels one to do an act

28
Q

Proximate Cause

A

The cause which:
1. In its natural and continuous sequence
2. Uninterrupted by any efficient intervening cause
3. Produces injury and without which, such result woulndnt occur

29
Q

Classification of Penalties

A
  1. Grave offenses (Afflictive Penalties)
    -Reclusion P&T
    -Prision Mayor
    -Perpetual/temporary special/absolute disqualification
  2. Less Grave (Correctional Penalties)
    -Prision Correccional
    -Arresto Mayor
    -Destierro
    -Suspension
  3. Light offense (light penalty)
    -Arresto Mayor
    -fine not exceeding 40k
30
Q

Art 21 RPC (No prohibition no crime)

A

No felony shall be punishable not prescribed in its provision prior to its commission

31
Q

Art 22 RPC (Retroactivity)

A

Penal Laws shall have a retroactive effect if favorable to the accused
XP: Habitual Delinquent

32
Q

People v Guillen (dolo v culpa)

A

Deliberate intent is incompatible with reckless imprudence

33
Q

Mistake of Fact

A
  1. Act would have been lawful if perpetrator were as they believed him to be
  2. intention of the accused is lawful
  3. mistake must be without fault of the accused
34
Q

Transferred Intent Doctrine

A

Criminal Liability shall be incurred by any person committing a felony even if wrongful act be different from what he intended

35
Q

Lim v People (intent in mala prohibita)

A

in mala prohibita, lack of crim intent is immaterial. only question asked is WON law has been violated

36
Q

Frustrated Felony

A
  1. All elements of execution of felony are present
  2. Acts WOULD have produced a felony
  3. No felony actually produced
  4. Reason for non-production is independent of will of perpetrator
37
Q

Ivler v San Modesto (Negligent act punished)

A

What is punished is the negligible act, not the result thereof

38
Q

Equal Protection

A

No person or class of persons shall be denied similar protection being enjoyed by similar person or class of persons in similar circumstances

39
Q

Mala Inse v Mala Prohibita

A

MI.
-Evil by nature
-Punished USUALLY by RPC
-Good faith is a defense
-Requires evil intent
-Punished higher degree than MP

MP
-evil bc prohibited by statute
-Punished USUALLY by SPL
-Good faith not a defense
-Intent is immaterial
-Punished by lower degree compared to MI

1-1 (6 decks)

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