Criminal Law 1

Question 1

What are the classifications of felonies according to the stage of execution?

Answer 1

Consummated, frustrated and attempted

Question 2

What is the purpose of classification of felonies according to the stage of execution?

Answer 2

To bring about a proportionate penalty and equitable punishment.

Question 3

What are the crimes that do not admit of division?

Answer 3

Formal Crimes (e.g. physical injuries & oral defamation)

Question 4

What is criminal law?

Answer 4

Criminal law is that branch of law, which defines crimes, treats of their nature, and provides for their punishment.

Question 5

What are the theories in criminal law?

Answer 5

Classical theory, Positivist theory, Eclectic or Mixed theory, Utilitarian or Protective theory

Question 6

How are penal laws construed?

Answer 6

Liberally construed in favor of offender and strictly against the state.

Question 7

What does Nullum crimen, nulla poena sine lege mean?

Answer 7

There is no crime when there is no law punishing the same.

Question 8

What does Actus non facit reum, nisi mens sit rea mean?

Answer 8

The act cannot be criminal where the mind is not criminal

Question 9

What does Actus me invito factus non est meus actus mean?

Answer 9

An act done by me against my will is not my act

Question 10

What is the Doctrine of Pro Reo?

Answer 10

Whenever a penal law is to be construed or applied and the law admits of two interpretations, one lenient to the offender and one strict to the offender, that interpretation which is lenient or favorable to the offender will be adopted.

Question 11

What are the characteristics of criminal law?

Answer 11

General, Territorial & Prospective.

Question 12

What Determines Jurisdiction in a Criminal Case?

Answer 12

1. Place where the crime was committed;
2. The nature of the crime committed; and
3. The person committing the crime.

Question 13

What are the sources of criminal law?

Answer 13

1. The Revised Penal Code
2. Special Penal Laws

Question 14

What does malum in se mean?

Answer 14

the act is
inherently evil or bad or per se wrongful

Question 15

What does malum prohibitum (Prohibita) mean?

Answer 15

violations of special laws

Question 16

What are felonies?

Answer 16

Felonies are acts or omissions punishable by the RPC.

Question 17

What does Omission mean?

Answer 17

It means inaction, the failure to perform a positive duty which one is bound to do.

Question 18

How are felonies committed?

Answer 18

Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).

Question 19

What is an act in contemplation of criminal law?

Answer 19

An act refers to any kind of body movement that produces change in the outside world. The act must be an external act which has a direct connection with the felony intended to be committed.

Question 20

What are the requisites of dolo?

Answer 20

Criminal intent, Freedom of action, Intelligence

Question 21

What are the requisites of culpa?

Answer 21

1. Criminal negligence on the part of the offender, that is, the crime was the result of negligence, reckless imprudence, lack of foresight or lack of skill.
2. Freedom of action on the part of the offender, that is, he was not acting under duress.
3. Intelligence on the part of the offender in performing the negligent act.

Question 22

Is referred to as the gravamen of the offense.

Answer 22

Mens rea

Question 23

What is intent?

Answer 23

The determination to do a certain thing, an aim or purpose of the mind. It is the design to resolve or determination by which a person acts.

Question 24

What is discernment?

Answer 24

The mental capacity to tell right from wrong. It relates to the moral significance that a person ascribes to his act and relates to the intelligence as an element of dolo.

Question 25

What is motive?

Answer 25

It is the moving power or force which impels a person to a desired result.

Question 26

What are the factors that affect intent?

Answer 26

1. Mistake of fact 2. Aberratio ictus 3. Error in personae 4. Praeter intentionem 5. Proximate cause

Question 27

What is the importance of classifying the felonies as to their severity?

Answer 27

To determine: 1. Whether these felonies can be complexed or not 2. The prescription of the crime and the prescription of the penalty.

Question 28

What are the classifications of felonies according to their gravity?

Answer 28

1. Grave – 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 the RPC. (Art. 9, par. 1, RPC) 2. Less grave – those which the law punishes with penalties which in their maximum period are correctional, in accordance with Art. 25 of the RPC. (Art. 9, par. 2, RPC) 3. Light – those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos, or both, is provided. (Art. 9, par. 3, RPC)

Question 29

When is a felony considered as consummated?

Answer 29

A felony is consummated when all the elements necessary for its execution and accomplishment are present.

Question 30

When do we say that a felony is frustrated?

Answer 30

It is frustrated 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.

Question 31

Define attempted felony.

Answer 31

There is an attempt 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 his own spontaneous desistance.

Question 32

When was the date of effectiveness of the RPC?

Answer 32

January 1, 1932

Question 33

What are the elements of Felonies?

Answer 33

1. That there must be an act or omission. 2. That the act or omission must be punishable by the Revised Penal Code. 3. That the act is performed or the omission incurred by means of dolo or culpa.

Question 34

What is an overt act?

Answer 34

An overt act is some physical activity or deed, indicating the intention to commit a particular crime, more than a mere planning or preparation

Question 35

It is one where the purpose of the offender in performing an act is not certain. Its nature in relation to its objective is ambiguous.

Answer 35

indeterminate offense

Question 36

Are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos, or both, is provided. (Art. 9, par. 3)

Answer 36

Light Felonies

Question 37

Define the subjective phase of an offense.

Answer 37

It is that portion of the acts constituting the crime, starting from the point where the offender begins the commission of the crime to that point where he has still control over his acts, including their (acts') natural course

Question 38

Justifying Circumstances

Answer 38

are those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability