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Crim > Fundamental and General Principles > Flashcards

Fundamental and General Principles Flashcards

1
Q

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

A

Criminal law

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2
Q

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

A

Classical theory

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3
Q

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

A

Positivist theory

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4
Q

Sources of criminal or penal laws

A

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

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5
Q

Nullum crimen, nulla poena sine lege

A

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

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6
Q

Actus non facit reum, nisi mens sit rea

A

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

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7
Q

Doctrine of Pro Reo

A

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.

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8
Q

Actus me invito factus non est meus actus

A

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

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9
Q

Classifications of crime; manner or mode of execution?

A

Dolo; Culpa

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10
Q

Dolo?

A

or felonies committed with deliberate intent

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11
Q

Culpa?

A

or those committed by means of fault

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12
Q

Crrime: stage of execution?

A

a. Consummated
b. Frustrated
c. Attempted

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13
Q

As to gravity (RPC, Art. 9)

A

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

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14
Q

As to nature

A

a. Mala in se

b. Mala prohibita

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15
Q

As to count

A

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

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16
Q

As to division

A

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

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17
Q

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

A

Special law

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18
Q

Requisite of MALA IN SE

A

There must be a criminal intent.

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19
Q

Requisite MALA PROHIBITA

A

Sufficient that the prohibited act was done.

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20
Q

Criminal intent governs? Inse or prohi?

A

MALA IN SE

21
Q

Criminal intent is not necessary. Inse or prohi?

A

MALA PROHIBITA

22
Q

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

A

MALA IN SE

23
Q

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

A

MALA PROHIBITA

24
Q

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

A

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.

25
Q

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

A

mala in se

26
Q

Brigandage in the highways; Inse or prohi?

A

mala in se

27
Q

Plunder Inse or prohi?

A

mala in se

28
Q

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

A

crime mala in se.

29
Q

When the law is clear and unambiguous, t

A

there’s nothing to interpret but to apply it.

30
Q

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:

A

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

31
Q

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

A

against the State and liberally in favor of the accused;

32
Q

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

A

is controlling

33
Q

Three cardinal features or main characteristics of Philippine criminal law:

A

Generality; Territoriality; Prospectivity/Irretrospectivity

34
Q

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

A

Generality

35
Q

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

A

not liable

36
Q

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

A

Yes

37
Q

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

A

No

38
Q

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

A

Territoriality

39
Q

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

A

Liable under Territoriality

40
Q

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

A

Liable under Territoriality

41
Q

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

A

Liable under Territoriality

42
Q

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

A

Liable under Territoriality

43
Q

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

A

Liable under Territoriality

44
Q

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.

A

Prospectivity/Irretrospectivity

45
Q

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

A

more lenient or favorable

46
Q

The retroactive effect shall benefit the?

A

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.

47
Q

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?

A

apply and benefit

48
Q

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

A

retroactive effect even if favorable to the accused:

49
Q

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

A

retroactive effect even if favorable to the accused:

Crim (7 decks)

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