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First Year > Fundamental Principles of Criminal Law > Flashcards

Fundamental Principles of Criminal Law Flashcards

1
Q

what is a crime?

A

a crime is an act that is punishable

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2
Q

what are the two different natures of a crime?

A

mala in se and mala prohibita

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3
Q

what is mala in se?

A

crimes that are wrong from their very nature

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4
Q

what is mala prohibita?

A

crimes that are wrong because it is specifically prohibited

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5
Q

what is the difference between a private crime and a public offense?

A

private crimes have corresponding penalties while public offenses do not

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6
Q

talk about the inherent right of the state

A

the state has the inherent right or the power to define crimes and prescribe their corresponding penalties

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7
Q

what is a jurisdiction?

A

the power to hear and decide a controversy

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8
Q

what are the three elements of jurisdiction in criminal law?

A
  1. jurisdiction over the place
  2. jurisdiction over the crime
  3. jurisdiction over the person
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9
Q

true or false: the court which has jurisdiction over the place where the crime has been committed has jurisdiction over the crime

A

true

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10
Q

what are the three characteristics of criminal law and describe each.

A
  1. general - criminal law is binding on all persons who live or sojourn within its jurisdiction;
  2. territorial - criminal law is applicable only with respect to acts committed within the Philippine territory;
  3. prospective - a penal law cannot make an act punishable in a manner in which it was not punishable when committed.
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11
Q

criminal laws can only be prospective and retroactive under the two conditions:

A
  1. if it is favourable to the accused;
  2. it is not prohibited.
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12
Q

true or false: in the construction of Penal Laws, English Text > Spanish Text

A

false. the Spanish text is more prevailing.

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13
Q

what does Article 1 of the RPC state?

A

Article 1 states that the RPC will officially take effect on January 1st, 1932.

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14
Q

what does Article 2 of the RPC state?

A

Article 2 of the RPC states that the provisions of the RPC shall be enforced not only within the Philippine Archipelago, including its atmosphere, interior waters, and maritime zone but also outside of the jurisdiction, against those who:

  1. commit an offense while on a Philippine ship or airship;
  2. forge or counterfeit any coin or currency note of the Philippine Islands;
  3. bring in forge or counterfeit coin or currencies into the Philippines;
  4. public officers or employees in the exercise of their functions;
  5. pose a threat to the national security or the law of the nations.
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15
Q

differentiate the english rule vs the french rule

A

English Rule - triable unless they merely affect things within the vessel or refer to internal management thereof;

French Rule - not triable unless it affects peace and security of the territory.

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16
Q

true or false: the Philippines follow the English Rule

A

true

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17
Q

what does Article 3 of the RPC state?

A

Article 3 of the RPC talks about Felonies and that Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).

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18
Q

what are the elements of a felony?

A
  1. it must be an act or an omission;
  2. punishable by the RPC;
  3. committed only either by dolo or culpa
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19
Q

what are the requisites of dolo?

A
  1. freedom
  2. intelligence
  3. intent
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20
Q

what are the requisites of culpa?

A
  1. freedom
  2. intelligence
  3. negligence, impudence, lack of foresight or skill
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21
Q

true or false: the only way to determine intent is to look at internal facts.

A

false. the only way to determine intent is by looking at external acts.

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22
Q

differentiate general intent vs specific intent

A

general intent - acts of dolo
specific intent - criminal intents are specified (ex: intent to gain in theft, intent to kill in murder)

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23
Q

define mistake of fact

A

mistake of fact is the misapprehension of facts by the person who causes injury to another.

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24
Q

is there a criminal liability on the part of the actor when he commits a mistake of fact?

A

no. this is because of the absence of criminal intent.

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25
Q

what are the requisites to mistake of fact?

A
  1. act is lawful had the facts been as the accused believed them to be;
  2. intention of the accused is lawful;
  3. no fault or carelessness.
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26
Q

true or false: mistake of fact is an absolutory cause

A

true

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27
Q

differentiate mistake of fact vs mistake of law

A

mistake of fact - defense of good faith;
mistake of law - does not excuse a person because everyone is supposed to know the law

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28
Q

what are culpable felonies?

A

these are felonies that involve wrongs done as a result of an act performed without malice or criminal design

29
Q

special penal laws state that..

A

intent to commit the crime is not required, it is sufficient if the accused had intent to perpetrate the act.

30
Q

true or false: in special penal laws, the act was done involuntarily.

A

false: acts are always done voluntarily in special penal laws.

31
Q

what does Article 4 of the RPC state?

A

Article 4 of the RPC states that criminal liability shall be incurred: (1) by any person committing a felony although the wrongful act done be different from that which he intended; (2) impossible crime.

32
Q

what is the rule on criminal liability?

A

a person who commits an intentional felony is responsible for all the consequences that may naturally and logically result therefrom, whether foreseen or intended or not.

33
Q

three kinds of criminal liability

A
  1. mistake in the identity - error in personae
  2. mistake in the blow - abberratio ictus
  3. injurious result is greater than that intended - praeter intentionem
34
Q

what is a proximate cause?

A

this is the direct consequence of a defendant’s felonious act.

35
Q

true or false: if the consequences resulted from a distinct act or fact absolutely foreign from the criminal act, the offender is not responsible for such consequences.

A

true

36
Q

what is an impossible crime?

A
  1. there is inherent impossibility in finishing off the crime;
  2. employment of inadequate or ineffectual means.
37
Q

what are the requisites of an impossible crime?

A
  1. persons or property;
  2. evil intent;
  3. inherently impossible or the means employed is inadequate or ineffectual;
  4. should not constitute another violation of the RPC.
38
Q

what does Article 5 of the RPC state?

A

Article 5 of the RPC states that if the act is not punished by law, the judge must render a decision according to the law.

39
Q

true or false: alternative penalties are allowed.

A

false. alternative penalties are not allowed. there is nothing in the law that permits courts to impose sentences in the alternative.

40
Q

what does Article 6 of the RPC talk about?

A

Article 6 of the RPC talks about the three types of Felonies: consummated, attempted, and frustrated.

41
Q

what are the three stages of execution and define each.

A
  1. consummated - when all elements necessary for its execution and accomplishment are present;
  2. frustrated - offender performs all the acts of execution that would produce the felony but the intended crime is not produced;
  3. attempted - offender commences the commission of the felony by overt acts but does not perform all acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.
42
Q

how are crimes developed and which of them are punishable by law?

A

internal acts - are not punishable;

external acts - (a) preparatory acts: generally not punishable and (b) acts of execution: punishable.

43
Q

what are the elements of the attempted stage?

A
  1. commencement of the commission of the felony
  2. does not perform all the acts of execution
  3. acts are not stopped by his own spontaneous desistance
  4. acts are stopped due to a cause or accident other than his own spontaneous desistance
44
Q

what are overt acts?

A

overt acts are external acts that have direct connection with the crime intended to be committed

45
Q

differentiate equivocal vs unequivocal through the use of an example.

A

equivocal - raising a bolo

unequivocal - aiming the bolo at the victim

46
Q

true or false: overt acts are equivocal.

A

false. overt acts are unequivocal only single acts are equivocal.

47
Q

true or false: the statement, “directly by overt acts” means that the element requires that the offender personally executes the commission of the crime.

A

true

48
Q

true or false: there is no criminal liability if one does not perform all acts of execution due to his own spontaneous desistance

A

true

49
Q

true or false: if a crime has already been committed before the spontaneous desistance, the defendant is still not liable.

A

false. the defendant might be liable depending on the facts of the case.

50
Q

what are the elements of the frustrated stage?

A
  1. the offender performs all acts of execution
  2. all the acts performed would produce the felony as a consequence
  3. the felony is not produced by reasons or causes independent of the will of the perpetrator
51
Q

what is the subjective phase?

A

portion of the acts constituting the crime included between the act which begins the commission of the crime and the last act performed by the offender

52
Q

true or false: in both attempted and frustrated stages, the offender never leaves the subjective phase.

A

false. this can only be applicable to the attempted stage. if the felony goes up to the frustrated stage, then it has already surpassed the subjective phase.

53
Q

what is the consummated stage?

A

when all the elements necessary for its execution and accomplishment are present.

54
Q

what are the factors of the consummated stage?

A
  1. nature of the offense
  2. elements constituting the felony
  3. the manner of committing the same
55
Q

what does Article 7 of the RPC state?

A

Article 7 of the RPC talks about light felonies and how they are only punishable only when they have been consummated, except for felonies committed against persons or property.

56
Q

what does Article 8 of the RPC state?

A

Article 8 of the RPC states that conspiracy and proposal to commit a felony are punishable only in the cases in which the law provides a penalty therefor.

57
Q

differentiate a proposal from a conspiracy?

A

conspiracy - when two or more persons come into an agreement concerning the commission of a felony and decide to commit it.

proposal - when the person who has decided to commit a felony proposes its execution to some other person

58
Q

what is the essence of conspiracy?

A

the unity of action and purpose

59
Q

true or false: conspiracy does not need to be proven.

A

false. conspiracy must be proved beyond reasonable doubt.

60
Q

what are indications of conspiracy?

A

defendants work towards the accomplishment of the same unlawful object, each doing a part so that their acts, though apparently independent, were in fact connected and cooperative indicating a closeness of personal association and a concurrence of sentiment

61
Q

true or false: direct proof of conspiracy is not required as this is rarely found; circumstantial evidence is often resorted to in order to prove its existence.

A

true

62
Q

true or false: in a conspiracy, the act of one is the act of all. but it does not mean that the crime of one is the crime of all.

A

true.

63
Q

true or false: conspirators do not need to take part in every act or need not to know the exact part to be performed by the others in the execution of the conspiracy.

A

true

64
Q

true or false: in the absence of conspiracy, the liability of the defendants is separate and individual, each is liable for his own acts.

A

true

65
Q

what are requisites of a proposal?

A
  1. a person has decided to commit a felony
  2. person proposed the execution of the felony to some other person or persons
66
Q

what does Article 9 of the RPC state?

A

Article 9 talks about the gravity of felonies.

67
Q

what are the three gravities of felonies and define each

A
  1. grave felonies - capital punishment is death and minimum punishment is prision mayor;
  2. less grave felonies - maximum punishment is prision correcional and minimum punishment is destierro;
  3. light felonies - maximum punishment is arresto mayor and minimum punishment is a fine not exceeding Php 40,000
68
Q

what does Article 10 of the RPC state?

A

Article 10 of the RPC talks about offenses that are not subject to the provisions of the RPC.

69
Q

what are the two clauses under Article 10 and explain each.

A

First Clause - The RPC is not intended to supersede SPLs.

Second Clause - The RPC may supplement SPLs unless the SPL provides otherwise

First Year (6 decks)

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