Finals BarQs Flashcards
The accused is convicted for homicide and is sentenced to suffer the penalty of Reclusion Temporal. What is proper imposable penalty applying the indeterminate sentence law if there is a privileged mitigating and an ordinary circumstance but no aggravating circumstance? Explain.(
E the wife of S, falsified a private document with intent to cause damage to S’s mother. through insidious machinations, she managed to extort 1 million pesos from S’s mother. on trial for the case, E is invoking Article 332 of the RPC absolving criminal liability relatives by affinity in the same line in the crime of falsification. Is E’s contention correct?
No, E’s contention is not correct in invoking that she should be absolved in the crime of falsification of a private document by reason of Article 332.
Under the Revised Penal code, persons exempt from criminal liability being a spouse, ascendants and descendants, or relatives by affinity in the same line are only limited to the crimes of theft, swindling (estafa) and malicious mischief.
In this case, E committed falsification which is not among the crimes involved in the exemption. Hence, she is guilty of Falsification.
