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POA > LAW 1 > Flashcards

LAW 1 Flashcards

1
Q

Felony

A

Crime under RPC

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2
Q

Offense

A

crime punished under SPECIAL LAW

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3
Q

CRIME

A

Punished under RPC OR SPECIAL LAW

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4
Q

Misdeameanour

A

Minor infraction / violation of an ordinance

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5
Q

Sources of Philippine criminal law

A

RPC
SPECIAL PENAL LAWS
PD (issued by Marcos)
EO (issued by Cory)

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6
Q

Main source of Philippine criminal law

A

Old Spanish penal code

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7
Q

Substantive law

A

Prohibits certain act and give punishment (CRIMINAL LAW)

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8
Q

Remedial law

A

Provide procedures (evidence)

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9
Q

Not sources of criminal law

A

Court decisions
constitution

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10
Q

Who has the power to define and punish crimes?

A

The state

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11
Q

Ex post facto law

A

Makes a criminal act done before the passage of the law

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12
Q

Bill of attainder

A

Inflict punishment without trial

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13
Q

Rights of the accused that may be waived

A

Right to confrontation and right to cross examination

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14
Q

Right which may not be waived

A

Right of the accused to be informed of the cause of accusation against him

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15
Q

characteristic of criminal law

A

GENERALITY binding in all person living in PH territory
TERRITORIALITY punish crimes committed in the PH
PROSPECTIVITY cannot make an act punishable in a manner that it is not punishable when committed

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16
Q

Former name of RPC

A

OLD SPANISH PENAL CODE

17
Q

Composite Crime

A

2 different crime considered as one

18
Q

Insuperable Cause

A

Motive which has lawfully or physically prevented a person to do what the law commands

19
Q

Exempting Circumstances

A

Affects the actor

20
Q

Justifying Circumstances

A

Affects the act

21
Q

Mitigating circumstances

A

Do not entirely free the actor from criminal liability but serve only to reduce the penalty

POA (4 decks)

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