Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

CrimLaw > CrimLaw1 > Flashcards

CrimLaw1 Flashcards

1
Q

Requisites of self defense

A
  1. Unlawful aggression
  2. Reasonable necessity of the means employed to prevent or repel it
  3. Lack of sufficient provocation from the person defending himself
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Requisites of obedience of an order

A
  1. That the order be given by a supervisor
  2. That the order is lawful
  3. That the means employed to carry out the order is lawful and reasonable
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are exempting circumstances?

A
  1. Insanity/imbecility
  2. Minority
  4. Accident
  5. Uncontrollable fear
  6. Irresistible force
  7. Insuperable cause
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the requisites for accident?

A
  1. That the injury was produced by mere accident
  2. A person is performing a lawful act
  3. That there must be no fault or intent as act is performed in due care
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are justifying circumstances?

A
  1. Self-defense
  2. Defense of relative
  3. Defense of strangers
  4. Avoidance of greater evil or state of necessity
  5. fulfilment of a duty
  6. obedience to a lawful order
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Distinguish justifying from exempting circumstances

A
  1. Both exempts the offender from criminal liability
  2. In justifying circumstance, there is no crime therefor there is no criminal. In exempting circumstance there is a crime but there is no criminal.
  3. In JT, the emphasis is on the act while in ET the emphasis is on the actor.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is an absolutory cause?

A

An absolutory cause is a circumstance where the act committed is a crime but there is no criminal liability due to public policy and sentiment thus there is no penalty imposed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is battered woman syndrome?

A

It is a psychological state suffered by a woman who has been abused and has suffered through 2 or more cycles of violence. No criminal and civil liability is incurred despite the absence of the requisites of self-defense.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the phases of battered woman syndrome?

A
  1. tension-building phase
  2. acute battering incident
  3. tranquil loving phase
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What crimes are extinguished upon marriage of the offended party?

A

Seduction, abduction and acts of lasciviousness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are mitigating circumstances?

A
  1. Incomplete justifying and exempting circumstances
  2. Minority
  3. Immediate Vindication of a grave offense
  4. Provocation
  5. Praeter intentionem
  6. Passion and Obfuscation
  7. Voluntary Surrender
  8. Voluntary plea of guilt
  9. Physical defects (deaf and dumb, blind)
  10. illness diminishing the exercise of willpower
  11. analogous circumstance
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are the requisites for voluntary surrender?

A
  1. must be spontaneous and voluntary
  2. he must not have been arrested
  3. he must have surrendered to a person of authority or his agent
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the requisites for voluntary plea of guilt?

A
  1. The offender must spontaneously confess his guilt
  2. It must be done before the presentation of evidence by the prosecution
  3. Confession must be made in open court before the competent court to try the case
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Examples of analogous circumstances

A
  1. offender was 60 years old with failing eye sight
  2. restitution in malversation of public funds is analogous to voluntary plea of guilty
  3. Testifying for the prosecution
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are aggravating circumstances?

A
  1. Advantage be taken of his public position
  2. In contempt with or insult to public authority
  3. In contempt or disregard to rank, age sex and committed in the dwelling
  4. Abuse of confidence and obvious ungratefulness
  5. In the presence of CE, palace and where public officials are engaged in duties or in a place of religious worship
  6. Nighttime, uninhabited place or by a band
  7. In the occassion of a conflagration, shipwreck, earthquake, epidemic or other calamity and misfortune
  8. Aid of armed men
  9. Recidivist
  10. Reiteracion
  11. In consideration of price, reward or promise
  12. Inundation, fire, poison, stranding of a vehicle
  13. Evident premeditation
  14. Craft, fraud or disguise
  15. Superior strength or means to weaken the defense
  16. Treachery
  17. Ignominy
  18. Unlawful entry
  19. Breaks wall, floor, roof, door or window
  20. With the aid of 15 below and motor vehicle
  21. Deliberately augmented
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

what is treachery

A

the offender employs means, methods and forms of execution to ensure its accomplishment without risk to himself arising from the defense which the offended party might make

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is ignominy?

A

A circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is recidivism?

A

one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of RPC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Quasi-recidivist

A

a person shall commit a felony after having been convicted by final judgment for another crime before beginning the service of such sentence or while serving the same.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is reiteracion?

A

habituality - the accused is on trial for a new offense and he previously served sentence on an offense of equal or greater penalty or two offenses with lighter penalty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is habitual deliquency?

A

is one who within 10 years of conviction or having served his sentence of the offense of serious and less serious physical injury, theft, robbery, estafa, falsification shall have been convicted of any of the same crime a third time or oftener

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

what is a complex crime?

A

is one where a single act constitutes two or more grave or less grave felonies or when an offense is a necessary means of committing the other

23
Q

What is delito continuado?

A

It is one where the offender, impelled by a single criminal impulse, commits a series of overt acts at about the same time in about the same place and all overt acts violate one and the same provisions of the law.

24
Q

What is a transitory or continuing crime?

A

Is one where some acts material and essential to one crime occurs in one place and some in another

25
Q

What offenses are disqualified from the application of the ISL?

A

Treason
Misprision of treason
Rebellion
Sedition
Espionage
Piracy

26
Q

Who are disqualified from ISL?

A

Those punished by Life imprisonment, Death, Reclusion Perpetua, non-imprisonment penalties and less than 1 year imprisonment
Those who have evaded sentence or escaped confinement
Those who have violated the conditions of their pardon
Those who are habitual delinquent

27
Q

When does death, Reclusion Perpetua or Reclusion Temporal prescribe?

A

20 years

28
Q

When does other afflictive penalties prescribe?

A

15 years

29
Q

When does correctional penalties prescribe?

A

10 years

30
Q

When does the penalty for arresto mayor prescribe?

A

5 years

31
Q

When does crimes with light penalties prescribe?

A

2 months

32
Q

When does light penalties prescribe?

A

1 year

33
Q

When does libel as a crime prescribe

A

1 year

34
Q

What penalties might be serves simultaneously?

A

Imprisonment/destierro and:
1. Permanent absolute disqualification
2. Temporary AQ
3. Permanent Special Disqualification
4. Temporary SQ
5. Suspension from public office, to vote and be voted and to follow profession or calling
6. Fine

35
Q

What is intervention?

A

Intervention refers to activities designed to address the issue that caused a child to commit a crime. This is applicable to CICL 15 and under and 15-18 acting w/o discernment at the time of the commission of the crime.

36
Q

What is a diversion?

A

Diversion refers to an alternative, child-appropriate process to determine the responsibility and treatment of a CICL without resorting to formal court proceedings.

37
Q

What is the minimum age of criminal responsibility?

A

15-18 y/o who acted with discernment

38
Q

What is unlawful aggression?

A

It is an assault or threatened assault of an actual or imminent kind

39
Q

Proximate cause

A

That cause which in the contonuous sequence, unbroken by any efficient intervening cause, produces an injury without each the resulting injury would not have occured

40
Q

What is the passive subject if the crime?

A

The passage subject of the crime is the holder of the injured right which could be a juridical person

41
Q

Can animals or dead people be passive subject of a crime?

A

Generally, dead people and animals cannot be passive subject of a crime except for defamation case where the defamation blackens the memory of a dead perso

42
Q

Why are light felonies punishable only when they are consummated?

A

Because the felony produces such light material and moral injury that the public conscience is satisfied with punishing it in its consummated stage

43
Q

Why are persons committing a felony agsainst

A

Presupposes moral depravity in the offender

44
Q

What are exemptions to extraterritoriality?

A

Crimes against the national security and the law of the nation

45
Q

what are the requisites of mistake of fact?

A
  1. that the act would have been lawful had the facts been what he believed them to be
  2. that the act was performed without negligence
  3. that the intent was lawful
46
Q

Requisites for the avoidance of a greater evil

A
  1. that the evil sought to be avoided actually exists
  2. that there be no other less harmful or practical way of avoiding it
  3. that the evil sought to be avoided is greater than the injury done to avoid it
47
Q

What are the effects of pardon?

A

A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon.

A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence. (RPC)

48
Q

What are the additional penalties for habitual deliquency?

A

3rd conviction - prision correcional med-max
4th conviction - prision mayor min-med
5th conviction - prision mayor max-reclusion temporal min

49
Q

What is civil interdiction?

A

Civil interdiction is an accessory penalty which deprives a convict of parental and marital authority,

50
Q

What are the two tests for the exemption on the ground of insanity?

A

for the defense of insanity to prosper, two (2) elements must concur: (1) that defendant’s insanity constitutes a complete deprivation of intelligence, reason, or discernment; and (2) that such insanity existed at the time of, or immediately preceding, the commission of the crime

51
Q

How is treason proven?

A
  1. by testimony of at least two witnesses to the same overt act;
  2. by confession of the accused to open Court
52
Q

How is adherence proved?

A
  1. by one witness
  2. from the nature of the act itself
  3. from the circumstances surrounding that act
53
Q

why is the defense of suspended allegiance and change of sovereignty, not accepted? (Laurel vs. Misa)

A
  1. A citizen owes an absolute and permanent allegiance to the Government
  2. the sovereignty of a government is not transferred to the enemy by mere occupation
  3. the subsistence of sovereignty of the legitimate government in a territory occupied by the military forces of the enemy during the war is one of the rules of International Law
  4. what is suspended is the exercise of the right of sovereignty
54
Q

What are acceptable defenses for the alleged crime of treason?

A
  1. defense of duress
  2. defense of obedience to a de facto government

CrimLaw (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions