From the book

Question 1

Generic term used to refer to a wrongdoing punished either under the Revised Penal code or under a special law.

Answer 1

Crime

Question 2

Felonies committed with deliberate intent

Answer 2

Dolo

Question 3

Those committed by means of fault

Answer 3

Culpa

Question 4

Classification of crimes as to stage of execution

Answer 4

Attempted
Frustrated
Consummated

Question 5

Classification of crimes as to gravity

Answer 5

Grave felonies
Less grave felonies
Light felonies

Question 6

Classification of crimes as to count

Answer 6

Composite or specific complex
Complex under Art 48
Continuing

Question 7

Formal felonies - those which are always consummated

Answer 7

Physical injuries

Question 8

Those which have various stages of execution

Answer 8

Material felonies

Question 9

Those which do not admit of the frustrated stage

Answer 9

Rape and theft

Question 10

Violations of the RPC, that the act is inherently evil or bad or per se wrong

Answer 10

Malum in se

Question 11

Violations of special laws

Answer 11

Malum prohibitum

Question 12

A crime under the RPC is referred to as

Answer 12

Felony

Question 13

A crime punished under special law

Answer 13

Statutory offense

Question 14

A minor infraction of the law, such as a violation of an ordinance, is referred to as …

Answer 14

Misdemeanor

Question 15

Scope of application of RPC

Answer 15

Intraterritorial

Extraterritorial

Question 16

Application of RPC within Philippine territory (12 nautical mile - limit)

Answer 16

Intraterritorial

Question 17

Application of RPC outside Philippine territory

Answer 17

Extraterritorial

Question 18

The rule on foreign merchant vessels in possession of dangerous drugs

Answer 18

In transit

Not in transit

Question 19

Possession of dangerous drugs is not punishable, but the use of the same is punishable.

Answer 19

In transit

Napadaan lang

Question 20

Mere possession of dangerous drugs is punishable

Answer 20

Not in transit

Question 21

As a general rule. the Revised Penal Code governs only when the crime committed pertains to the exercise of the public officials‘ functions. those having to do with the discharge of their duties in a foreign country. The functions contemplated are those which are, under the law, to be performed by the public officer in the Foreign Service of the Philippine government in a foreign country.

Answer 21

Note:This rule is not absolute. The Revised Penal Code governs if the crime was committed within the Philippine Embassy or within the embassy grounds in a foreign country. This is because embassy grounds are considered an extension of Philippine sovereignty

Question 22

A Philippine consulate official who is validly married here in the Philippines and who marries again in a foreign country cannot be prosecuted here for _____ because this is a crime not connected with his official duties. However, if the second marriage was celebrated within the Philippine embassy, he may be prosecuted here. since it is as if he contracted the marriage here in the Philippines.

Answer 22

bigamy

Question 23

The principles of public international law.
a. Sovereigns and other chiefs of states. b. Ambassadors, ministers, ministers plenipotentiary, ministers resident, and charges d’ affaires.

Note: ______________ are not diplomatic officers. Consuls are subject to the penal laws of the country where they are assigned.

Answer 23

Consuls, vice—consuls, and other commercial representatives of foreign nation

Question 24

What is the exception to the prospective application of penal laws?

Whenever a new statute dealing with crime establishes conditions more lenient or favorable to the accused.

Note: The retroactive effect shall benefit the accused even if at the time of the publication of the law. a final judgment had been pronounced and the convict is serving sentence.

True or false

Answer 24

Partly True

What is the exception to the exception? The new law cannot be given retroactive effect:

1. Where the new law is expressly made in applicable to pending actions or existing causes of actions.
2. Where the offender is a habitual criminal.

Question 25

Requisites of dolo

Answer 25

Criminal intent
Freedom of action
Intelligence

Question 26

Requisites of culpa

Answer 26

Criminal negligence
- lack of foresight

Imprudence
LAck of skill

Freedom of action

Intelligence

Question 27

Crimes cannot be committed through culpa

Answer 27

Murder
Treason
Robbery
Malicious mischief

Question 28

Disputably presumed from the performance of an unlawful act

Answer 28

Criminal intent

Question 29

Categories of intent in criminal law

Answer 29

General criminal intent

Specific criminal intent

Question 30

is presumed from the mere doing of a wrong act. This does not require proof. The burden is upon the wrongdoer to prove that he acted without such criminal intent. Note: In felonies by means of deceit, the third element of voluntariness is a general intent.

Answer 30

General criminal intent

Question 31

is not presumed because it is an ingredient or element of a crime, like intent to kill in the crimes of attempted or frustrated homicide/parricide/murder. The prosecution has the burden of proving the same.

Note: In some particular felonies. proof of specific intent is required to produce the crime such as in frustrated and, attempted homicide.

Answer 31

Specific criminal intent

Question 32

Referees to the use of a particular means to achieve the desired result

Answer 32

Intent

Question 33

Moving power which compels a person to act for a definite result

Answer 33

Motive

Question 34

The _____ becomes material of the crime is to be distinguished from the attempted or frustrated

Answer 34

Specific criminal intent

Question 35

Honest mistake of fact

Answer 35

Mistake of fact

Question 36

Requisites of mistake of fact as a defense:

Answer 36

1. that the act done would have been lawful had the facts been as the accused believed them to be:
2. intention of the accused is lawful;
3. mistake must be without fault or carelessness on the part of the accused.

Question 37

Example: United States v. Ah Chong. Ah Chong being afraid of bad elements, locked himself in his room by placing a chair against the door. After having gone to bed, he was awakened by somebody who was trying to open the door. He asked the identity of the person, but he did not receive a response. Fearing that this intruder was a robber, he leaped out of bed and said that he will kill the intruder should he attempt to enter. At that moment, the chair struck him. Believing that he was attacked, he seized a knife and fatally wounded the intruder. Mistake of fact would be relevant only when the felony would have been intentional or through dolo, but not when the felony is a result of culpa. When the felony is a product of culpa, do not discuss mistake of fact.

Answer 37

Acquitted of murder

Question 38

What are the factors that affect intent?

Answer 38

1. Mistake of fact— that which had the facts been true to the belief of the offender, his act can be justified. It is such a mistake that will negate criminal liability because of the absence of the element of intent.

Note: Mistake refers to the situation itself, not the identity of the persons involved. Mistake of fact is only a defense in intentional felony but never in culpable felony.

Aberratio ictus - mistake in the blow

Error in personae — mistake in the identity

Praeter intentionem - where the consequence exceeded the intention

Proximate cause — the cause of the cause is the cause of the evil caused