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1-2 > Criminal Law 2 - Finals > Flashcards

Criminal Law 2 - Finals Flashcards

1
Q

ARTICLE 203 - WHO ARE PUBLIC OFFICERS

A

(1) Taking part in the performance of public functions in the government;
(2) Performing in said government or in any of its branches public duties as an employee, agent or subordinate official, or any rank or class;
(3) His authority to take part in the performance of public functions or to perform public duties
must be –
(a) By direct provision of the law;
(b) By popular election; or
(c) By appointment by competent authority

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2
Q

Misfeasance vs. Malfeasance vs. Nonfeasance

A

Mis - improper performance of some act which might be lawfully done.

Mal - Performance of an act which ought not to be done.

Non - Omission of an act which ought to be done.

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3
Q

ARTICLE 204 - KNOWINGLY RENDERING UNJUST
JUDGMENT

A

(1) Offender is a judge;
(2) He renders a judgment in a case submitted to him for decision;
(3) Judgment is unjust;
(4) The judge knows that his judgment is unjust.

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4
Q

ARTICLE 205 - JUDGMENT RENDERED THROUGH
NEGLIGENCE

A

(1) Offender is a judge;
(2) He renders a judgment in a case submitted to him for decision;
(3) The judgment is manifestly unjust;
(4) It is due to his inexcusable negligence or ignorance

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5
Q

ARTICLE 206 - UNJUST INTERLOCUTORY ORDER

A

(1) Offender is a judge;
(2) He performs any of the following acts:
(a) Knowingly rendering an unjust interlocutory order or decree; or
(b) Rendering a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance.

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6
Q

INTERLOCUTORY ORDER

A

Order issued by the court between the commencement and the end of a suit or action and which decides some point or matter but is not a final decision of the matter in issue.

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7
Q

ARTICLE 207 - MALICIOUS DELAY IN THE ADMINISTRATION
OF JUSTICE

A

Elements:
(1) Offender is a judge;
(2) There is a proceeding in his court;
(3) He delays in the administration of justice;
(4) The delay is malicious, that is, with deliberate intent to inflict damage on either party in the case

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8
Q

ARTICLE 208 - PROSECUTION OF OFFENSES; NEGLIGENCE
AND TOLERANCE (Modes of committing and elements)

A

Mode 1. Maliciously refraining from instituting prosecution against violators of the law;
Mode 2. Maliciously tolerating the commission of offenses.

Elements:
(1) Offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to prosecute, offenses;
(2) There is a dereliction of the duties of his office, that is, knowing the commission of the crime, he
does not cause the prosecution of the criminal,
or knowing that a crime is about to be
committed, he tolerates its commission;
(3) Offender acts with malice and deliberate intent to favor the violator of the law.

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9
Q

Importation of Illegal Drugs

A
  1. Vessel/Ship came from a foreign port
  2. Intent to Unload Illegal Drugs in the PH
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10
Q

Sale of Dangerous Drugs

A

1) The identity of the buyer and the seller;
2) The object and the consideration;
3) The delivery of the thing sold
* Payment not necessary

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11
Q

Persons liable for drug pushing under Sec. 5 of RA 9165

A

1) Financiers
2) Leaders and Organizers
3) The Protector or a Coddler.

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12
Q

Delivery of Dangerous Drugs

A
  1. Accused Passed on delivery of dangerous drugs
  2. Such delivery is not authorized by law
  3. The accused knowingly made the delivery
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13
Q

Illegal Possession of Dangerous Drugs (Sec. 11)

A

1) The accused is in possession of an item or an object identified to be a prohibited or a regulated drug;
2) Such possession is not authorized by law; and
3) The accused freely and consciously possessed the said drug.

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14
Q

Constructive Possession of Dangerous Drugs

A

It exists when the drug is under the dominion and control of the accused or when he has the right to exercise dominion and control over the place where it is found.

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15
Q

Illegal use of dangerous drugs (Sec. 15)

A

1) The offender was apprehended or arrested in the actual use
of dangerous drugs,
2) After a confirmatory test, he was found to be positive for
use of any dangerous drugs.
3) No other dangerous drug was found in his possession.

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16
Q

Chain of Custody Rule

A

1) The seizure and marking, if practicable, of the illegal drug
recovered from the accused by the apprehending officer;
2) The turnover of the illegal drug seized by the apprehending
officer to the investigating officer;
3) The turnover by the investigating officer of the illegal drug
to the forensic chemist for laboratory examination; and
4) The turnover and submission of the marked illegal drug
seized from the forensic chemist to the court.

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17
Q
  1. Direct Bribery
A

1) Offender is a public officer within the scope of Art. 203.
2) Offender accepts an offer or promise or receives a gift or
present by himself or through another.
3) Such offer or promise be accepted, or gift or present
received by the public officer –
a) With a view of committing some crime;
b) In consideration of the execution of an act which does
not constitute a crime, but the act must be unjust;
c) To refrain from doing something, which is his official
duty to do;
4) That act which the offender agrees to perform or which he
executes be connected with the performance of his official
duties.

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18
Q

Art. 211. Indirect bribery

A

1) Offender is a public officer
2) He accepts gifts
3) Said gifts are offered to him by reason of his office

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19
Q

Direct Bribery vs. Indirect

A

DB - Agreement between officer and gift giver
IB - No Such Agreement

DB - Offender agrees to perform/ performs an act / refrains from doing act
IB - It is not necessary that the officer do any act/omission

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20
Q

211 Qualified Bribery

A

1) Offender is a public officer entrusted with law enforcement;
2) He refrains from arresting or prosecuting an offender who
has committed a crime punishable by reclusion perpetua
and/or death
3) He refrains from arresting or prosecuting the offender in
consideration of any promise, gift or present.

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21
Q

Art. 212. Corruption of public officials

A

1) Offender makes offers or promise or gives gifts or presents
to a public officer;
2) The offers or promises are made or the gifts or presents are
given to a public officer under circumstances that will make
the public officer liable for direct bribery or indirect bribery

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22
Q

RA 3019 Sec 3 (a)

A

Persuading, inducing or influencing another public officer to
perform an act constituting a violation of rules and
regulations duly promulgated by competent authority or an
offense in connection with the official duties of the latter, or
allowing himself to be persuaded, induced, or influenced to
commit such violation or offense.

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23
Q

RA 3019 Sec 3 (b)

A
  1. the offender is a public officer;
  2. who requested or received a gift, a present, a share, a
    percentage, or benefit;
  3. on behalf of the offender or any other person;
  4. in connection with a contract or transaction with the
    government;
  5. in which the public officer, in an official capacity
    under the law, has the right to intervene
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24
Q

RA 3019 Sec 3 (c)

A
  1. The offender is a public officer;
  2. He has secured or obtained, or would secure or
    obtain, for a person any government permit or
    license;
  3. He directly or indirectly requested or received from
    said person any gift, present or other pecuniary or
    material benefit for himself or for another; and
  4. He requested or received the gift, present or other
    pecuniary or material benefit in consideration for help
    given or to be given
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25
Q

RA 3019 Sec 3 (e)

A
  1. The accused must be a public officer discharging
    administrative, judicial or official functions;
  2. He must have acted with manifest partiality, evident
    bad faith or inexcusable negligence; and
  3. That his action caused any undue injury to any party, including the government, or giving any private party unwarranted benefits, advantage or preference in the discharge of his functions
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26
Q

Plunder

A

Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a
combination or series of overt criminal acts as described in Section 1 (d) hereof in the aggregate amount or total value of at least Fifty million pesos (P50,000,000.00)

27
Q

ART. 217. Malversation of Public Funds or Property

A

1) Offender be a public officer.
2) He had custody or control of funds or property by reason of
the duties of his office
3) Those funds or property were public funds or property for
which he was accountable
4) He appropriated, took, misappropriated or consented, or through abandonment or negligence, permitted another person to take them.

28
Q

ART. 246: Parricide

A

1) A person is killed
2) The deceased is killed by the accused
3) The deceased is the father, mother, or child, whether legitimate or illegitimate,

or a legitimate other ascendant, or legitimate other descendant, or legitimate spouse of the accused

29
Q

ART. 247: Death or Physical Injuries Inflicted Under Exceptional Circumstances

A

1) A legally married person or a parent surprises his spouse or his daughter, the latter under 18 years of age and living with him, in the act of committing sexual intercourse with another person.
2) He or she kills any or both, of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter.
3) He has not promoted or facilitated the prostitution of his wife or daughter, or that he or she has not consented to the infidelity of the other spouse.

** Offender may still be liable for parricide, homicide or murder as the case may be

30
Q

ART. 248: Murder

A

1) A person was killed
2) The accused killed him
3) The killing was attended by any of the qualifying circumstances mentioned in Article. 248
4) The killing is not parricide or infanticide

1) With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the
defense, or of means or persons to insure or afford
impunity;
2) In consideration of a price, reward or promise;
3) by means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin;
4) On occasion of any of the calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic, or any other public
calamities.
5) With evident premeditation.
6) With cruelty, by deliberately and inhumanly augmenting the suffering of the victim or outraging or scoffing at his person or corpse. (RA 7659)

31
Q

ART. 249: Homicide

A

1) A person was killed;
2) Accused killed him without any justifying circumstance;
3) Accused had the intention to kill, which is presumed;
4) The killing was not attended by any of the qualifying circumstance of murder, or by that of parricide or infanticide.

32
Q

ART. 251: Death Caused in a Tumultuous Affray

A

1) There are several persons
2) They did not compose groups organized for the common
purpose of assaulting and attacking each other reciprocally
3) These several persons quarrelled and assaulted one another in a confused and tumultuous manner
4) Someone was killed in the course of the affray
5) It cannot be ascertained who actually killed the deceased
6) The person or persons who inflicted serous physical injuries or who used violence can be identified.

33
Q

ART. 255: Infanticide

A

1) A child was killed.
2) The deceased child was less than three days (72 hours) of age.
3) The accused killed the said child.

34
Q

ART. 256: Intentional Abortion

A

1) There is a pregnant woman
2) Violence is exerted, or drugs or beverages be administered, or that the accused otherwise acts upon such pregnant woman
3) As a result of the use of violence or drugs or beverages
upon her, or any other act of the accused, the foetus dies,
either in the womb or after having been expelled therefrom;
4) The abortion is intended.

35
Q

ART. 257. Unintentional Abortion

A

1) There is a pregnant woman;
2) Violence is used upon such pregnant woman without
intending an abortion;
3) The violence is intentionally exerted; and
4) As a result of the violence, the fetus dies, either in the womb or after having been expelled therefrom.

36
Q

ART. 263: serious physical injuries

A

1) When the injured person becomes insane, imbecile, impotent or blind in consequence of the physical injuries inflicted.

2) When the injured person:
a) loses the use of speech or the power to hear or to smell,
or loses an eye, a hand, a foot, an arm, or a leg, or
b) loses the use of any such member, or
c) becomes incapacitated for the work in which he was theretofore habitually engaged, in consequence of the physical injuries inflicted.

3) When the person injured:
a) becomes deformed, or
b) loses any member of his body, or
c) loses the use thereof, or
d) becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days, in consequence of the physical injuries inflicted.
4) When the injured person becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days), as a result of physical injuries inflicted.

37
Q

ART. 265. Less serious physical injuries

A

1) Offended party is incapacitated for labor for ten (10) days or more (but not more than 30 days), or needs medical attendance for the same period of time.
2) The physical injuries must not be those described in the preceding articles

38
Q

ART. 266: Slight Physical Injuries and Maltreatment

A

1) Physical injuries which incapacitated the offended party for
labor from 1 to 9 days, or required medical attendance
during the same period.
2) Physical injuries which did not prevent the offended party
from engaging his habitual work or which did not require
medical attendance.
3) Ill treatment of another by deed without causing any injury

39
Q

Rape by Sexual Intercourse

A

1) Offender is a man
2) Offender had carnal knowledge of the woman against her will
3) Such act is accomplished under any of the following circumstances:
a) Through force, threat or intimidation
b) When the offended party is deprived of reason or is otherwise unconscious
c) By means of fraudulent machination or grave abuse of authority; or
d) When the offended party is under 12 years of age or is demented, even though none of the above circumstances mentioned above be present.

40
Q

Elements of rape by sexual assault:

A

1) Offender commits an act of sexual assault
2) The act of sexual assault is committed by any of the
following means:
a) By inserting his penis into another person’s mouth or
anal orifice, or
b) By inserting any instrument or object into the genital or
anal orifice of another person
3) The act of sexual assault is accomplished under any of the
following circumstances:
a) By using force or intimidation, or
b) When the woman is deprived of reason or otherwise unconscious, or
c) By means of fraudulent machination or grave abused of authority, or
d) When the woman is under twelve (12) years of age or demented.

41
Q

ART. 267. Kidnapping and Serious Illegal Detention

A

1) Offender is a private individual.
2) He kidnaps or detains another, or in any other manner deprives the latter of his liberty.
3) The act of detention or kidnapping must be illegal.
4) In the commission of the offense, any of the following circumstances is present:

a) The kidnapping or detention lasts for more than 3 days;
b) It is committed simulating public authority;
c) Any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made ; or
d) The person kidnapped or detained is a minor, female, or a public officer

42
Q

Qualifying circumstances in Kidnapping

A

1) If the purpose of the kidnapping or detention is to extort ransom;
2) When the victim is killed or dies as consequence of the detention;
3) When the victim is raped;
4) When the victim is subjected to torture or dehumanizing acts

43
Q

ART. 268. Slight illegal detention

A

1) Offender is a private individual
2) He kidnaps or detains another, or in any other manner deprives him of his liberty
3) The act of kidnapping or detention is illegal.
4) The crime is committed without the attendance of any of the circumstances enumerated in ART. 267.

44
Q

Privileged mitigating circumstances in Slight Illegal Detention

A

1) If the offender voluntarily releases the person so kidnapped or detained within three days from the commencement of the detention,
2) Without having attained the purpose intended, and
3) Before the institution of the criminal proceedings against him.

45
Q

ART. 269. Unlawful arrest

A

1) Offender arrests or detains another person.
2) The purpose of the offender is to deliver him to proper authorities.
3) The arrest or detention is not authorized by law or there is no reasonable ground therefor.

46
Q

Trespass to dwelling (and qualified trespass to dwelling)

A

1) Offender is a private person.
2) He enters the dwelling of another.
3) Such entrance is against the latter’s will.

Qualified: Committed by means of violence or intimidatio

47
Q
  1. Trespassing
A

1) Offender enters the closed premises or the fenced estate of another.
2) The entrance is made while either of them is uninhabited.
3) The prohibition to enter be manifest.
4) The trespasser has not secured the permission of the owner or the caretaker thereof.

48
Q

Grave Threat where the offender attained his purpose

A

a) That the offender threatens another person with the infliction upon the latter’s person, honor or property, or
upon that of the latter’s family, of any wrong.
b) That such wrong amounts to a crime.
c) That there is a demand for money or that any other condition is imposed, even though not unlawful.
d) That the offender attains his purpose.

49
Q

Grave Threats not subject to a condition

A

a) That the offender threatens another person with the infliction upon the latter’s person, honor, or property, or upon that of the latter’s family, of any wrong.
b) That such wrong amounts to a crime.
c) That such threat is not subject to a condition.

50
Q

ART. 283: Light threats

A

1) Offender makes a threat to commit a wrong.
2) The wrong does not constitute a crime.
3) There is a demand for money or that other condition is imposed, even though not unlawful.
4) The offender has attained his purpose or, that he has not attained his purpose.

51
Q

Other Light Threats

A

1) By threatening another with a weapon, or by drawing such
weapon in a quarrel, unless it be in lawful self-defense.
2) By orally threatening another, in the heat of anger, with some harm (not) constituting a crime, without persisting in the idea involved in his threat.
3) By orally threatening to do another any harm not constituting a felony.

52
Q

ART. 286: Grave coercions

A

1) That a person prevented another from doing something not prohibited by law, or that he compelled him to do
something against his will, be it right or wrong;
2) That the prevention or compulsion be effected by violence, threats or intimidation; and
3) That the person that restrained the will and liberty of another had not the authority of law or the right to do so.

53
Q

Adultery

A

a) That she is a married woman,
b) That she unites in sexual intercourse with a man not her husband.
c) man who has sexual intercourse with her knows that she is married (to convict the man)

54
Q

Concubinage

A

1) Man must be married.
2) He committed any of the following acts:
a) Keeping a mistress in the conjugal dwelling;
b) Having sexual intercourse, under scandalous circumstances, with a woman who is not his wife; or
c) Cohabiting with her in any other place.
3) As regards the woman, she must know him to be married.

55
Q

ART. 336. Acts of lasciviousness

A

1) Offender commits any act of lasciviousness or lewdness.
2) Act of lasciviousness is committed against a person of either sex.
3) It is done under any of the following circumstances:
a) By using force or intimidation;
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority;
d) When the offended party is under 12 years of age or is demented

56
Q

Robbery

A
  1. There be Personal Property Belonging to another
  2. There is unlawful taking of property
  3. There must be intent to gain
  4. There is violence against or intimidation of any person, or force upon anything
57
Q

Carnapping

A
  1. There be Motor Vehicle Belonging to another
  2. There is unlawful taking of property
  3. There must be intent to gain
  4. There is violence against or intimidation of any person, or force upon anything
58
Q

Qualified Carnapping

A

Rape/ Killing was perpetrated in the commission of the offense or on occasion thereof.

Victim must be Owner, Driver or Occupant

59
Q

Theft

A
  1. There be Personal Property Belonging to another
  2. There is unlawful taking of property
  3. There must be intent to gain
  4. There is no violence against or intimidation of any person, or force upon anything
60
Q

Art. 310. Qualified Theft.

A

1) Committed by a domestic servant
2) Committed with grave abuse of confidence
3) If property stolen is large cattle, motor vehicle, mail matter
4) Consists of coconuts taken from plantation
5) Fish taken from a fishpond or fishery.
6) If property is taken on the occasion of fire, earthquake,
typhoon, volcanic eruption, or any other calamity

61
Q

ART. 315. Swindling (Estafa)

A

1) Accused defrauded another by abuse of confidence or by
means of deceit.
Ways of committing estafa:
a) With unfaithfulness or abuse of confidence
b) By means of false pretenses or fraudulent acts; or
c) Through fraudulent means
2) Damage or prejudice capable of pecuniary estimation is
caused to the offended party or third person.

62
Q

ART. 349. Bigamy

A

1) That the offender has been legally married.
2) That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code.
3) That he contracts second or subsequent marriage.
4) That the second or subsequent marriage has all the essential requisites for validity, except for the existence of the first marriage.

63
Q

Libel

A

1) There must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance.
2) Imputation must be made publicly.
3) It must be malicious.
4) It must be directed at a natural or juridical person, or one who is dead.

Qualified Libel: Committed through the use of information and communication technologies (RA 10175)

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