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Crim > CRIMINAL LIABILITIES AND FELONIES > Flashcards

CRIMINAL LIABILITIES AND FELONIES Flashcards

1
Q

Are acts or omissions punishable by the RPC.

A

Felonies

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2
Q

Both dolo and culpa have to be

A

voluntary.

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3
Q

? means inaction; the failure to perform a positive duty which one is bound. There must be a ?.

A

An omission; law requiring the doing or performance of a duty

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4
Q

Elements of felonies?

A

An act or omission;
Punishable by the Revised Penal Code;
The act is performed or the omission incurred by means of deceit or fault

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5
Q

committed with criminal intent

A

Intentional felonies(Dolo)

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6
Q

where the wrongful acts result from imprudence, negligence, lack of foresight or lack of skill

A

Negligent felonies(Culpa)

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7
Q

Has intention to cause a wrong.

A

Intentional felonies(Dolo)

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8
Q

With deliberate intent.

A

Intentional felonies(Dolo)

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9
Q

Not malicious

A

Negligent felonies(Culpa)

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10
Q

Injury caused is unintentional, it being an incident of another act performed without malice.

A

Negligent felonies(Culpa)

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11
Q

Wrongful act results from imprudence, negligence, lack of foresight or lack of skill.

A

Negligent felonies(Culpa)

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12
Q

Has intention to cause a wrong.

A

Intentional felonies(Dolo)

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13
Q

Requisites of dolo

A

Criminal intent; Intelligence; Freedom of action

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14
Q

If there is NO criminal intent, the act is justified. Offender incurs?

A

NO criminal liability.

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15
Q

voluntariness on the part of the person to commit the act or omission.

A

Freedom of action

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16
Q

If there is lack of freedom, the offender is?

A

exempt from liability.

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17
Q

means the capacity to know and understand the consequences of one’s act.

A

Intelligence

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18
Q

If there is lack of intelligence,

A

the offender is exempt from liability.

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19
Q

Requisites of culpa

A

Criminal negligence; Freedom of action; Intelligence

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20
Q

on the part of the offender, that is, the crime was the result of negligence, reckless imprudence, lack of foresight or lack of skill;

A

Criminal negligence

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21
Q

on the part of the offender, that is, he was not acting under duress; and

A

Freedom of action

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22
Q

on the part of the offender in performing the negligent act.

A

Intelligence

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23
Q

deficiency in perception or lack of foresight, or failure to pay proper attention and to use due diligence in foreseeing injury or damage to be caused.

A

Negligence

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24
Q

deficiency in action or lack of skill, or failure to take necessary precaution to avoid injury to another. It usually involves lack of skill.

A

Imprudence

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25
Q

In negligence, there is deficiency of

A

perception,

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26
Q

while in imprudence, there is deficiency

A

action.

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27
Q

What are the crimes which cannot be committed through culpa (negligence or imprudence)

A
  1. Murder
  2. Treason
  3. Robbery
  4. Malicious mischief
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28
Q

Referred to as the gravamen of the offense

A

Mens rea

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29
Q

In theft, the mens rea is the

A

taking of property belonging to another with intent to gain

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30
Q

In falsification, the mens rea is

A

the commission of forgery with intent to pervert the truth.

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31
Q

In robbery, the mens rea is the

A

taking of property belonging to another coupled with the employment of intimidation or violence upon persons or things.

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32
Q

the use of a particular means to effect the desired result

A

Intent

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33
Q

Criminal intent is always

A

presumed to exist from the commission of an unlawful act

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34
Q

A crime may be committed without criminal intent if such is:

A

A negligent felony, wherein intent is substituted by negligence or imprudence;

A malum prohibitum.

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35
Q

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

A

Motive

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36
Q

Motive as determinant of

A

criminal liability

37
Q

Good faith is not a defense to the prosecution of a

A

malum prohibitia

38
Q

Classifications of felonies according to their gravity

A

Grave; Less grave; Light

39
Q

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

A

Grave

40
Q

those which the law punishes with penalties which in their maximum period are correctional, in accordance with Art. 25 of the RPC

A

Less grave

41
Q

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

A

Light

42
Q

Light felonies are punishable only when they are

A

consummated.

43
Q

Only the ?and their ? are made liable for the commission of light felonies.

A

principals ; accomplices

44
Q

? are not liable for the commission of light felonies.

A

Accessories

45
Q

Slight physical injuries; felony class?

A

Light

46
Q

Theft (when the value of thing stolen is less than 5 pesos and theft is committed under the circumstances enumerated under RPC, Art. 308, par.3);felony class?

A

Light

47
Q

Alteration of boundary marks; felony class?

A

Light

48
Q

Malicious mischief: felony class?

A

Light

49
Q

If one assists in the escape of another who committed Alarms and Scandals, is he liable under RPC

A

No but liable to other law.

50
Q

Committing a felony although the wrongful act done be different from that which he intended

A

Criminal liability

51
Q

Performing an act which would be an offense against persons or property, were it not for the inherent impossibilityof its accomplishment or on account of the employment of inadequate or ineffectual means

A

Criminal liability

52
Q

Requisites of Art. 4 Par. 1, “committing a felony although the wrongful act done be different from that which he intended” where greater injury results

A
  1. That an intentional felony has been committed; and
  2. That the wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed by the offender
53
Q

Blow was efficient cause of death;

A

Meaning of “direct, natural and logical consequence”

54
Q

Blow accelerated death; or

A

Meaning of “direct, natural and logical consequence”

55
Q

Blow was proximate cause of death.

A

Meaning of “direct, natural and logical consequence”

56
Q

Mistake in identity (error in personae)–

A

The offender intends the injury on one person but the harm fell on another.

57
Q

Mistake in identity there are only

A

two persons involved

58
Q

A person directed the blow at an intended victim, but because of poor aim, that blow landed on somebody else. In aberratio ictus, the intended victim and the actual victim are both at the scene of the crime

A

Mistake in blow (aberratio ictus)

59
Q

A, shot at B, but because of lack of precision, hit C instead; Mistake in?

A

Mistake in blow

60
Q

A, wanting to kill B, killed C instead; Mistake in?

A

Mistake in identity

61
Q

There are ? persons involved: Mistake in blow

A

three

62
Q

A, without intent to kill, struck the victim on the back, causing the victim to fall down and hit his head on the pavement

A

Praeter intentionem; Injurious consequences are greater than that intended

63
Q

A person directed the blow at an intended victim, but because of poor aim, that blow landed on somebody else.

A

ABERRATIO ICTUS; Mistake in blow

64
Q

The victim actually received the blow, but he was mistaken for another who was not at the scene of the crime.

A

ERROR IN PERSONAE; Mistake in identity

65
Q

the misapprehension of facts on the part of the person who caused injury to another.

A

Mistake of fact

66
Q

Mistake of fact is a defense only in

A

intentional felonies.

67
Q

Requisites of mistake of fact

A
  1. That the act done would have been lawful had the facts been as the accused believed them to be;
  2. That the intention of the accused in performing the act is lawful; and
  3. That the mistake must be without fault or carelessness on the part of the accused.
68
Q

that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred

A

Proximate cause

69
Q

Requisites of proximate cause

A
  1. The direct, natural, and logical cause;
  2. Produces the injury or damage;
  3. Unbroken by any efficient intervening cause; and
  4. Without which the result would not have occurred
70
Q

It is an intervening active force which is a distinct act or fact absolutely foreign from the felonious act of the accused.

A

Efficient intervening cause

71
Q

The weak physical condition of the victim

A

Circumstances which are considered as inefficient intervening causes

72
Q

The nervousness or temperament of the victim

A

Circumstances which are considered as inefficient intervening causes

73
Q

Causes which are inherent in the victim, such as the victim’s inability to swim

A

Circumstances which are considered as inefficient intervening causes

74
Q

Refusal of the injured party to be subjected to medical attendance

A

Circumstances which are considered as inefficient intervening causes

75
Q

Erroneous or unskillful medical treatment

A

Circumstances which are considered as inefficient intervening causes

76
Q

Act performed would be an offense against persons or property;

A

Requisites of an impossible crime

77
Q

Is kidnapping an impossible crime?

A

No. Kidnapping is a crime against personal security and not against person or property, thus there can be no impossible crime of kidnapping

78
Q

Act was done with evil intent;

A

Requisites of an impossible crime

79
Q

Accomplishment is inherently impossible or means employed is either inadequate or ineffectual; and

A

Requisites of an impossible crime

80
Q

Act performed should not constitute a violation of another provision of RPC

A

Requisites of an impossible crime

81
Q

A man stabbing another who he knew was already dead, is he liable?

A

The offender must believe that he can consummate the intended crime. A man stabbing another who he knew was already dead cannot be liable for an impossible crime.

82
Q

that under any and all circumstances, the crime could not have materialized.

A

Inherent impossibility

83
Q

occurs where the intended acts, even if completed would not amount to a crime. (E.g. killing a dead person.)

A

Legal impossibility–

84
Q

occurs where extraneous circumstances unknown to the accused prevent the consummation of the intended crime. (E.g. pick pocketing an empty

A

Physical impossibility–

85
Q

It is a principle of criminal law that the offender will only be penalized for an impossible crime if he

A

cannot be punished under some other provision of the RPC.

86
Q

There is therefore no ? or ? in impossible crime.

A

attempted or frustrated

87
Q

In ? Intent of the offender cannot be accomplished.

A

IMpossible Crime

88
Q

Intent cannot be accomplished because it is inherently

A

impossible to accomplish or because the means employed by the offender is inadequate or ineffectual.

Crim (7 decks)

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