Exam Crim Juris Flashcards
Act No. 3815 took effect on
January 1, 1932
An act or omission punishable by law
Felony
The principle that all persons who are here in the country are covered by our criminal law.
General
The act or omission of the offender is not malicious, nor intentional, it is merely the incident or another’s act performed without malice.
Culpable Felony
A tried to kill B by putting in his food a substance which he thought was arsenic when in fact it was sugar. B was not killed as the means employed was ineffectual
impossible crime
A was attacked by B with a use of a knife. Even though A was surprised, he was able to parry the attack and it was during the scuffle of a knife that A stabbed B resulting in his death. What circumstance was present in the act or incident?
Justifying
B stabbed A ten times all hitting the fatal parts of the body of the latter. What is the criminal liability of B
Principal
A hid a time bomb in the car of B. When B drove the car going home, it exploded on the way. What crime did A commit?
Compound
A was sentenced to imprisonment of four years, two months and one day to eight years is an example of what law?
Indeterminate sentence law
Considered as an international crime as any nation can apprehend and prosecute the offenders.
Plunder
A policeman entered the house of B without the latter’s consent and while therein searched document, is a crime of
Violation of domicile
A public uprising and taking up arms against the government for the purpose of changing the form of government, is
Rebellion
The military officer employed a swift attack against duly constituted authority by means of violence, intimidation, etc.
coup d’ etat
Erasing any figures or letters contained in an official document is a case of
Forgery
Malicious delay in the administration of justice is an example of
Dereliction of duty
Stopping a vehicle on highway and by means of violence against or intimidation of persons took away properties inside the vehicle.
Brigandage
If a crime has an imposable penalty of less than six years, it is within the jurisdiction of
MTC
The taking of a person into custody in order that he may answer for the commission of a crime.
Arrest
b) Object which is presented for exhibition in a court proceeding
Real evidence
A categorical acknowledgement of guilt made by the accused without any exculpatory statement or explanation.
Confession
- Mr. X is charged of murder. As advised by his counsel, Mr. X pleaded guilty so that he could not be meted a penalty of death as murder is punishable by death. What would be the appropriate penalty of Mr. X?
Reclusion Perpetua
- A group of persons comprising of twenty trooped the Malacanang Palace to demand the ouster of GMA. Upon arrival at Malacanang, they stood by the gate peacefully and without uttering words. The guard send them away which made them to become arrogants, questioning the guard of his authority to send them away. Johhny Bravo who happened to be one of them resisted and boxed the guard. What was the crime committed?
assault
- The husband is suspicious that his wife has an illicit affair with their driver. The husband planned to kill her by poisoning. One night, he put a spoon of Thiodan, a poisonous pesticide, into her food. When the wife ate the food she vomited and complained of severe pain. Out of pity, the husband washed the stomach of his wife to remove the poison. As a result, his wife did not die. What is the crime committed, if any?
physical injuries
- Bino Rutsa is charged of physical injury by his neighbor because he stoned the pet dog of his neighbor which was hit in the head resulting in injury. Bino through counsel moved for the dismissal of the case by filing a “motion to quash,” The Judge sustained the motion. What is the effect to the case of the motion?
the case is dismissed
- SPO4 Kutong, the chief investigator of Delihensya Municipal Police Office applied pressure and tortured Max to admit the crime of stealing laundry of Vina Tota. What crime if any did SPO4 Kutong commit?
Grave Coercion
- Jack a.k.a. One eye while sitting in the park heard a commotion in front of him. It seemed to be two quarreling persons. One of them said, Pablo you are dead now. The other one said, Juan don’t kill me. Then silence ensued. When the police arrived, he heard that one Pablo is dead lying down the pavement. If he were presented as a witness, can the Judge allow him to testify as witness of what he saw.
yes, he is the eye witness
SP03 Matt Takutin saw Mando Rukot picking the pocket of Mr. Y. SP03 Takutin arrested Mando who demanded whether the policeman has warrant of arrest. SP03 Takutin said none, so Mando demanded that he should be released. SP03 Takutin refused. What is the authority of the policeman?
it is valid warrantless arrest
- Bino Rutsa licked the vagina of Vina Rurot through the use of his tongue through the use of force and intimidation. What crime if any was committed?
none of them
