Fundamental and General Principles

Question 1

that branch of law, which defines crimes, treats of their nature, and provides for their punishment.

Answer 1

Criminal law

Question 2

The basis of criminal liability is human free will and the purpose of the penalty is retribution.

Answer 2

Classical theory

Question 3

The basis of criminal liability is the sum of the social, natural and economic phenomena to which the actor is exposed.

Answer 3

Positivist theory

Question 4

Sources of criminal or penal laws

Answer 4

The Revised Penal Code (RPC) (Act No. 3815) and its amendments;

Special penal laws;

Penal Presidential Decrees issued during Martial Law by President Marcos

Penal Executive Orders issued during President Corazon Aquino’s term

Question 5

Nullum crimen, nulla poena sine lege

Answer 5

There is no crime when there is no law punishing the same

Question 6

Actus non facit reum, nisi mens sit rea

Answer 6

The act cannot be criminal where the mind is not criminal)

Question 7

Doctrine of Pro Reo

Answer 7

Whenever a penal law is to be construed or applied and the law admits of two interpretations, one lenient to the offender and one strict to the offender, that interpretation which is lenient or favorable to the offender will be adopted.

Question 8

Actus me invito factus non est meus actus

Answer 8

An act done by me against my will is not my act

Question 9

Classifications of crime; manner or mode of execution?

Answer 9

Dolo; Culpa

Question 10

Dolo?

Answer 10

or felonies committed with deliberate intent

Question 11

Culpa?

Answer 11

or those committed by means of fault

Question 12

Crrime: stage of execution?

Answer 12

a. Consummated
b. Frustrated
c. Attempted

Question 13

As to gravity (RPC, Art. 9)

Answer 13

a. Light felonies
b. Less grave felonies
c. Grave felonies

Question 14

As to nature

Answer 14

a. Mala in se

b. Mala prohibita

Question 15

As to count

Answer 15

a. Compound
b. Composite or special complex
c. Complex, under Art. 48 of the RPC
d. Continued
e. Continuing

Question 16

As to division

Answer 16

Formal felonies; Material felonies; Those which do not admit of the frustrated stage

Question 17

It is a penal law which punishes acts not defined and penalized by the RPC

Answer 17

Special law

Question 18

Requisite of MALA IN SE

Answer 18

There must be a criminal intent.

Question 19

Requisite MALA PROHIBITA

Answer 19

Sufficient that the prohibited act was done.

Question 20

Criminal intent governs? Inse or prohi?

Answer 20

MALA IN SE

Question 21

Criminal intent is not necessary. Inse or prohi?

Answer 21

MALA PROHIBITA

Question 22

Criminal liability is incurred even when the crime is attempted or frustrated? Inse or prohi?

Answer 22

MALA IN SE

Question 23

Criminal liability is generally incurred only when the crime is consummated. nature of crime?

Answer 23

MALA PROHIBITA

Question 24

The crime of technical malversation, punished under Art. 220 of the RPC, was held to be a crime that is?

Answer 24

MALA PROHIBITA. The prohibited act is not inherently immoral, but becomes a criminal offense because positive law forbids its commission on considerations of public policy, order, and convenience.

Question 25

Piracy in Philippine waters (PD No. 532) Inse or prohi?

Answer 25

mala in se

Question 26

Brigandage in the highways; Inse or prohi?

Answer 26

mala in se

Question 27

Plunder Inse or prohi?

Answer 27

mala in se

Question 28

if a special law uses the nomenclature of penalties under the RPC, that alone will not make the act or omission a

Answer 28

crime mala in se.

Question 29

When the law is clear and unambiguous, t

Answer 29

there's nothing to interpret but to apply it.

Question 30

When the law is clear and unambiguous, there is no room for interpretation but only for the application of the law. However, if there is ambiguity:

Answer 30

Penal laws are strictly construed against the State and liberally in favor of the accused; In the interpretation of the provisions of the RPC, the Spanish text is controlling

Question 31

However, if there is ambiguity: Penal laws are strictly construed

Answer 31

against the State and liberally in favor of the accused;

Question 32

However, if there is ambiguity: In the interpretation of the provisions of the RPC, the Spanish text

Answer 32

is controlling

Question 33

Three cardinal features or main characteristics of Philippine criminal law:

Answer 33

Generality; Territoriality; Prospectivity/Irretrospectivity

Question 34

The criminal law of the country governs all persons who live or sojourn within the country regardless of their race, belief, sex, or creed.

Answer 34

Generality

Question 35

Members of the Congress are _? for libel or slander in connection with any speech delivered on the floor of the house during a regular or special session

Answer 35

not liable

Question 36

Only the heads of the diplomatic missions, as well as members of the diplomatic staff?

Answer 36

Yes

Question 37

Members of administrative, technical and service staff, are accorded diplomatic rank?

Answer 37

No

Question 38

The penal laws of the country have force and effect only within its territory

Answer 38

Territoriality

Question 39

Should commit and offense while on a Philippine ship or airship;

Answer 39

Liable under Territoriality

Question 40

Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands

Answer 40

Liable under Territoriality

Question 41

Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number;

Answer 41

Liable under Territoriality

Question 42

While being public officers or employees, should commit an offense in the exercise of their functions; or

Answer 42

Liable under Territoriality

Question 43

Should commit any of the crimes against national security and the law of nations.

Answer 43

Liable under Territoriality

Question 44

Acts or omissions classified as crimes will be scrutinized in accordance with the relevant penal laws if these are committed after the effectivity of those penal laws.

Answer 44

Prospectivity/Irretrospectivity

Question 45

a new statute dealing with a crime establishes conditions _? to the accused

Answer 45

more lenient or favorable

Question 46

The retroactive effect shall benefit the?

Answer 46

Accused even if at the time of the publication of the law, a final judgment has been pronounced and the convict is already serving his sentence.

Question 47

even if at the time of the publication of the law, a final judgment has been pronounced and the convict is already serving his sentence. The retroactive effect shall?

Answer 47

apply and benefit

Question 48

When the new law is expressly made inapplicable to pending actions or existing causes of actions; The new law cannot be given

Answer 48

retroactive effect even if favorable to the accused:

Question 49

When the offender is a habitual criminal; the new law cannot be given

Answer 49

retroactive effect even if favorable to the accused: