Finals Review Deck 1 [Random Crimes]

Question 1

What are the elements of murder?

Answer 1

“Elements of Art. 248. Murder:

(1) That a person was killed;
(2) That the accused killed the person;
(3) That the killing was attended by any of the qualifying circumstances enumerated in Art. 248;
(4) That the killing is not parricide or infanticide. “

Question 2

What are qualifying circumstances of murder?

Answer 2

“Qualifying circumstances of murder:

(1) Treachery, taking advantage of superior strength, aid of armed men, employing means to weaken defense, or means or persons to insure or afford impunity;
(2) In consideration of a price, reward, or promise;
(3) 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 other public calamity;
(5) Evident premeditation;
(6) Cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his corpse.”

Question 3

What is the penalty for parricide, murder, and homicide?

Answer 3

“Parricide - reclusion perpetua to death;
Murder - reclusion perpetua to death;
Homicide - reclusion temporal (if victim < 12yrold - reclusion perpetua)”

Question 4

What is the penalty for frustrated parricide, murder, or homicide?

Answer 4

“Frustrated - penalty lower by one degree that which should be imposed under Art. 50 (Art. 50 - one degree lower than consummated crime);

Attempted - penalty lower by one degree than that which should be imposed under Art. 51 (Art. 51 - two degrees lower than consummated crime);”

Question 5

What is the difference between murder (Art 248) and homicide (Art 249)?

Answer 5

Homicide does not have any of the qualifying circumstance of murder (neither does homicide qualify to parricide).

Question 6

What are the varying degrees of penalties?

Answer 6

“Capital Punishment (Grave Felonies) - Death;
Afflictive penalties (Grave Felonies) - Reclusion Perpetua, Reclusion Temporal, Prision Mayor;
Correctional Penalties (Less Grave Felonies) - Prision Correccional; Arresto Mayor; Destierro*;
Light Penalties - Arresto Menor.”

Question 7

What are the elements of homicide?

Answer 7

“Elemets of Art. 249. Homicide:

(1) That a person was killed;
(2) That the accused killed him without any justifying circumstance;
(3) THat the accused had the intention to kill, which is presumed;
(4) That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide.”

Question 8

What is the relationship required for the crime of parricide to be consummated?

Answer 8

“Father, mother, or child, whether legitimate or illegitimate;
Other ascendants or descendants (must be legitimate);
Spouse (must be legitimate, not under Art. 247)”

Question 9

Can a stranger who cooperates in the crime of parricide be liable for parricide?

Answer 9

No, a stranger cannot be liable for parricide; if he participates, he can only be liable for homicide or murder.

Question 10

What are the requirements to apply Art. 247 - Death or physical injuries under exceptional circumstances?

Answer 10

“(1) legally married person surprises his/her spouse in the act of sex with another person; or parent surprises his/her daughter who lives with him/her, and is below 18 years of age having sex with another;

(2) that he/she kills or inflicts serious physical injuries to any or both of them in the act or immediately after;
(3) he has not promoted the prostitution of his wife or daughter, nor consented to the infidelity of the other spouse.

That there must be an act of coitus before any injury or killing is committed”

Question 11

Can Art. 247 - death or physical injuries under exceptional circumstances apply to common-law spouses?

Answer 11

No, it can only apply to legally married persons

Question 12

What is the age of the child in order to qualify the crime to reclusion perpetua in cases of homicide?

Answer 12

the victim must be under 12 years old.

Question 13

What are the two forms of rape?

Answer 13

Rape by sexaul intercourse and rape by sexual assault

Question 14

What are the elements of rape by sexual intercourse?

Answer 14

“Elements of rape by sexual intercourse (Art. 266-A no.1)

1. Offender is a man;
2. Offender has carnal knowledge of a woman;
3. Carnal knowledge is under any of the following circumstnaces:
   a. Through force, threat, or intimidation;
   b. Offended party is deprived of reason or is unconscious;
   c. By means of fraudulent machination or grave abuse of authority;
   d. Offended party is under 12 y.o. or is demented (regardless if any of the above circumstances are present or not)”

Question 15

What are the elements of rape by sexual assault?

Answer 15

“Elements of rape by sexual assault (Art. 266-A no.2)

1. Offender is any person;
2. The circumstances in subdivision 1 are present (FTI, victim deprived of reason or unconscious; fraudulent machination or grave abuse of authority; or victim is below 12 or demented person);
3. Offender inserts his penis into another person’s mouth or anal orifice (if male); or any instrument or object (applies to females as well) into the genital or anal orifice of another person.”

Question 16

What are the elements of falsification by public officer, employee or notary or ecclesiastical minister?

Answer 16

“The elements of falsification by public officer, employee or notary or ecclesiastical minister are:

(1) The offender is a public officer, employee, or notary public;
(2) He takes advantage of his official position;
(3) He commits acts of falsification defined in Art. 171;
(4) In case he is an ecclesiastical minister, the act of falsification is committed with respect to any record or document of such character that the falsification may affect the civil status of a person.”

Question 17

What are the ways in which falsification by public officer, employee or notary or ecclesiastical minister can be committed?

Answer 17

“The ways in which falsification by public officer, employee or notary or ecclesiastical minister can be committed through:

(1) Counterfeiting or imitating any handwriting, signature or rubric;
(2) Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate;
(3) Attributing to persons who have participated in an act or proceeding statements other than those which they actually made;
(4) Making untruthful statements in a narration of facts;
(5) Altering true dates;
(6) Making any alteration or intercalation in a genuine document which changes its meaning;
(7) Issuing in an authenticated form a document purporting to a copy of an original document when no original exists or including in such a copy a statement contrary to, or different from, that of the genuine original; or
(8) Intercalating any instrument or note relative to the issuance thereof in a protocol, registry or official book. “

Question 18

What are the elements of kidnapping and serious illegal detention?

Answer 18

Art. 166. Kidnapping and serious illegal detention. The elements of kidnapping and serious illegal detention are:

(1) That the offender is a private individual;
(2) That he kidnaps or detains another, or any other manner deprives the latter of his liberty;
(3) That the act of detention or kidnapping must be illegal;
(4) That in the commission of the offense, any of the following circumstances is present:

(a) That the kidnapping or detention lasts for more than 3 days;
(b) That it is committed simulating public authority;
(c) That any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or
(d) That the person kidnapped or detained is a minor (except when the accused is any of the parents), female, or a public officer.

OR (5) the offender kidnaps the victim for the purpose of extorting ransom.”

Question 19

What are the general elements of robbery?

Answer 19

“The elements of robbery in general:

1. That there is personal property which belongs to another;
2. That there is unlawful taking of that property;
3. That there is intent to gain on the offender;
4. That there is violence or intimidation of any person, or force upon anything.”

Question 20

What are the circumstance which qualify to the crime of serious illegal detention? What circumstances warrant the imposition of death penalty?

Answer 20

“Art. 267. Kidnapping and serious illegal detention. The circumstances to qualify the crime are:

1. If the kidnapping or detention shall have lasted more than three days;
2. If it shall have been committed simulating public authority;
3. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained, or if threats to kill him shall have been made;
4. If the person kidnapped or detained shall be a minor, except when the accused is any of the parents, female, or a public teacher.

Circumstances to warrant the maximum penalty of death (reclusion perpetua)

1. If the detention was for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances to qualify the crime to kidnapping and serious illegal detention are present;
2. If the victim is killed, or dies as a consequence of the detention, or is raped, or is subjected to totrture or dehumanizing acts.”

Question 21

What are the elements of death and serious physical injuries under exceptional circumstances?

Answer 21

“Elements of Art. 247. Death or physical injuries inflicted under exceptional circumstances.

(1) That a legally married person or a parent surprises his spouse or his daughter (the daughter being under 18 years of age and living with the parent) in the act of committing sexual intercourse with another person;
(2) That he or she (the parent or the legally married person) 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) That he or she (the parent or the legally married person) 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.”

Question 22

What are the crimes against the fundamental laws of the state?

Answer 22

“The Crimes Against the Fundamental Law of the State are:

1. Arbitrary detention (Art. 124);
2. Delay in the delivery of detained persons to the proper judicial authorities (Art. 125);
3. Delaying release (Art. 126);
4. Expulsion (Art. 127);
5. Violation of domicile (Art. 128);
6. Search warrants maliciously obtained and abuse in the service of those legally obtained (Art. 129);
7. Searching domicile without wintesses (Art. 130);
8. Prohibition, interruption, and dissolution of peaceful meetings (Art. 131);
9. Interruption of religious worship (Art. 132);
10. Offending the religious feelings (Art. 133).”

Question 23

Elements of Arbitrary Detention (Art 124)

Answer 23

“Elements of Arbitrary Detention (Art 124)

1. That the offender is a public officer or employee;
2. That he detains a person;
3. That the detention is without legal grounds.”

Question 24

What is the culpability of a private individual who conspired with a public officer to commit the crime of Arbitrary detention under Art. 124?

Answer 24

The private individual who conspired with a public officer to commit the crime of Arbitrary detention under Art 124 is also Arbitrary detention

Question 25

Elements of Delay in the delivery of detained persons to the proper judicial authorities (Art. 125)

Answer 25

“Elements of Delay in the delivery of detained persons to the proper judicial authorities (Art. 125)

1. That the offender is a public officer or employee;
2. That he detained a person for some LEGAL GROUND;
3. That he fails to deliver such person to the proper judicial authorities within 12 hours for crimes of light penalties; 18 hours for crimes of correctional penalties; and 36 hours for crimes of afflictive or capital penalties”

Question 26

Elements of Delaying release (Art. 126)

Answer 26

“Elements of Delaying release (Art. 126)

1. That the offender is a public officer or employee;
2. That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation (habeas corpus) of such person;
3. That the offender without good reason delays: (1) the service of notice of release; or (2) the performance of the order to release; or (3) the proceedings upon a petition for release of the person.”

Question 27

Elements of Expulsion (Art. 127)

Answer 27

“Elements of Expulsion (Art. 127)

1. That the offender is a public officer or employee;
2. That he expels any person from the Philippines, or compels a person to change his residence;
3. That the offender is not authorized to do so by law.”

Question 28

Elements of Violation of domicile (Art. 128)

Answer 28

“Elements of Violation of domicile (Art. 128)

1. That the offender is a public officer or empmloyee;
2. That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects;
3. That he commits any of the following acts:
   (a) . That he enters any dwelling against the will of the owner;
   (b) . That searches the papers or other effects found therein without the previous consent of such owner; or
   (c) . That he refuses to leave the premises, after having surreptitiously entered the said dwelling and after having been required to leave the same.”

Question 29

What are the qualifying circumstances for the offense of Violation of domicile (Art. 128)

Answer 29

“Qualifying circumstances of Violation of domicile (Art. 128)

1. If the offense is committed at nighttime; or
2. If any papers or effects not constituting evidence of a crime are not returned immediately after the search made by the offender.”

Question 30

Elements of search warrants maliciously obtained and abuse in the service of those legally obtained (Art. 129)

Answer 30

“Elements of search warrants maliciously obtained and abuse in the service of those legally obtained (Art. 129)
First mode: procuring a search warrant without just cause.
1. That the offender is a public officer or employee;
2. That he procures a search warrant;
3. That there is no just cause.
Second mode: exceeding his authority or using unnecessary severity in executing a legally procured search warrant.
1. That the offender is a public officer or empmloyee;
2. That he has legally procured a search warrant;
3. That he exceeds his authority or uses unnecessary severity in executing the same.”

Question 31

Elements of Searching domicile without witnesses (Art. 130)

Answer 31

“Elements of Searching domicile without witnesses (Art. 130)

1. That the offender is a public officer or employee;
2. That he is armed with a search warrant legally procured;
3. That he searches the domicile, papers or other belongings of any person;
4. That the owner, or any member of his family, or two witnesses residing in the same locality are not present.”

Question 32

Elements of Prohibition, interruption and dissolution of peaceful meetings (Art. 131)

Answer 32

“Elements of Prohibition, interruption and dissolution of peaceful meetings (Art. 131)

1. That the offender is a public officer;
2. That he performs any of the following acts:
   (a) prohibiting, interrupting, or dissolving a peaceful meeting without legal ground;
   (b) hindering a person from joining or attending a lawful assoction and/or its meetings;
   (c) prohibiting or hindeing any person to petition for redress of griveances to the authorities. “

Question 33

Elements of interruption of religious worship (Art. 132)

Answer 33

“Elements of interruption of religious worship (Art. 132)

1. That the offender is a public officer or employee;
2. That religoius ceremonies or manifestations of any religion are about to take place or are going on;
3. That the offender prevents or disturbs the same”

Question 34

What is the qualifying circumstance for the crime of interruption of religious service?

Answer 34

The use of violence or threats qualifies the crime of interruption of religious service.

Question 35

Elements of Offending the religious feelings (Art. 133)

Answer 35

“Elements of Offending the religious feelings (Art. 133)

1. That the offender is any person (private or public)
2. That he performs acts which are notoriously offensive to the feelings of the faithful;
3. That the acts complained of were performed (1) in a place devoted to religious worship; or (2) during the celebration of any religious ceremony.”

Question 36

What is the meaning of “acts notoriously offensive to the feelings of the faithful” under Offending the religious feelins (Art. 133)?

Answer 36

The acts must be directed against religious practice or dogma or ritual for the purpose of ridicule, as mocking or scoffing at or attempting to damage an object of religious veneration.