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CRIM LAW 1 > MIDTERM > Flashcards

MIDTERM Flashcards

1
Q

is the BRANCH OR DIVISION OF LAW which defines crimes, treats of their nature, and provides for their punishment.

A

Criminal Law

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2
Q

When did the Revised Penal Code take effect?

A

January 1, 1932

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2
Q

The objective of the punishment is two-fold:

A

absolute theory
relative theory

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2
Q

is to inflict punishment as a form of RETRIBUTIVE JUSTICE.

A

absolute theory

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3
Q

It is to DESTROY WRONG in its effort to annihilate right, to put an end to the criminal activity of the offender.

A

absolute theory

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4
Q

purports to prevent the offender from further offending public right or to the RIGHT TO REPEL AN IMMINENT or actual aggression, exemplary or by way of example to others not to follow the path taken by the offender and ultimately for reformation or to place him under detention to teach him the obligations of a law-abiding citizen.

A

relative theory

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5
Q

Limitations on the power of Congress to enact penal laws:

A
  1. Must be general in application
  2. Must not partake of the nature of an ex post facto law.
  3. Must not partake of the nature of a bill of attainder.
  4. Must not impose cruel and unusual punishment or excessive fines.
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6
Q

which makes an ACTION DONE BEFORE THE PASSING OF THE LAW and which was innocent when done, criminal, and punishes such action

A

EX POST FACTO LAW

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7
Q

which AGGRAVATES A CRIME or makes it greater than it was when committed

A

EX POST FACTO LAW

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8
Q

which changes the punishment and inflicts a GREATER PUNISHMENT THAN THE LAW annexed to the crime when it was committed.

A

EX POST FACTO LAW

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9
Q

is a legislative act which INFLICTS PUNISHMENT ON INDIVIDUALS or members of a particular group without a judicial trial.

A

BILL ATTAINDER

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10
Q

CHARACTERISTICS OF CRIMINAL LAW:

A

(1) general
(2)territorial
(3) prospective.

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11
Q

Criminal Law is binding on ALL PERSON WHO RESIDE or sojourn in Philippine territory.

A

General

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12
Q

It is that the criminal law of the country GOVERNS ALL PERSON WITHIN THE COUNTRY regardless of their race, belief, sex, or creed

A

General

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13
Q

Exceptions to general application of criminal law:

A

a) principles of public international law
b) treaties or treaty stipulations
c) laws of preferential application

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14
Q

What article states that the provisions of this Code shall be enforced within the Philippine Archipelago, including its ATMOSPHER, INTERIOR WATERS and maritime zone, without reference to the person or persons who might violate any of its provisions.

A

Art. 2 of the Revised Penal Code

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15
Q

What article provides that PENAL LAWS SHALL BE OBLIGATORY upon all who live or sojourn in Philippine territory.

A

Art. 14 of the Civil Code

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16
Q

PRINCIPLES OF PUBLIC INTERNATIONAL LAW:

A

1) Sovereigns and other chiefs of state.
2) Ambassadors
3) Ministers’ plenipotentiary
4) Minister’s resident, and
5) Charges d’affaires.

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17
Q

It means that the penal laws of the country have force and effect ONLY WITHIN ITS TERRITORY.

A

TERRITORIAL

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18
Q

This is subject to certain exceptions brought about by INTERNATIONAL AGREEMENT AND PRACTICE

A

Terrestrial Jurisdiction

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19
Q

It is the jurisdiction exercised OVER LAND

A

Terrestrial Jurisdiction

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20
Q

It is the jurisdiction OVER MARITIME and interior waters.

A

Fluvial Jurisdiction

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21
Q

It is the jurisdiction exercised OVER THE ATMOSPHERE.

A

Aerial Jurisdiction

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22
Q

RULE AS TO CRIME COMMITED ABOARD FOREIGN MERCHANT VESSELS:

A
  1. FRENCH RULE
  2. ENGLISH RULE
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23
Q

Such crimes are NOT TRIABLE IN THE COURTS of that country unless their commission affects the peace and security of the territory, or the safety of the state is endangered.

A

FRENCH RULE

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24
Q

Such crimes are TRIABLE IN THAT COUNTRY, unless they merely affect things within the vessel, or they refer to the internal management thereof

A

ENGLISH RULE

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25
Q

What rule is applicable in the Philippines

A

ENGLISH RULE

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26
Q

Requirements of “an offense committed while on a Philippine Ship or Airship:

A
  1. Registered with the Philippine Bureau of Customs
  2. Ship must be in the high seas, or the airship must be in international airspace.
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26
Q

THEORIES OF CRIMINAL LAW:

A

A.CLASSICAL THEORY
B.POSITIVIST THEORY
C.ECLECTIC THEORY OR MIXED THEORY

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26
Q

Man is essentially a moral creature with an ABSOLUTE FREE WILL to choose between good and evil and therefore more stress is placed upon the result of the felonious act than upon the criminal himself.

A

CLASSICAL THEORY

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26
Q

Man is subdued occasionally by a STRANGE AND MORBID PHENOMENON which conditions him to do wrong in spite of or contrary to his volition.

A

POSITIVIST THEORY

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26
Q

The purpose of the PENALTY IS REFORMATION

A

POSITIVIST THEORY

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26
Q

There is great respect for the human element because the offender is regarded as socially sick who NEEDS TREATMENT NOT PUNISHMENT.

A

POSITIVIST THEORY

26
Q

The purpose of PENALTY IS RETRIBUTION

A

CLASSICAL THEORY

27
Q

This COMBINES both positivist and classical thinking

A

ECLECTIC THEORY OR MIXED THEORY

28
Q

Crimes that are ECONOMIC AND SOCIAL AND NATURE should be dealt with in a positivist manner; thus, the law is more compassionate.

A

ECLECTIC THEORY OR MIXED THEORY

28
Q

Sources of Criminal Law:

A
  1. The Revised Penal Code
  2. Special Penal Laws
28
Q

Acts enacted of the Philippine Legislature PUNISHING OFFENSES OR OMISSIONS

A

Special Penal Laws

29
Q

The act cannot be criminal where the mind is not criminal

A

ACTUS NON FACIT REUM NIS MENS SIT REA

30
Q

This is true to a felony characterized by (dolo), but NOT A FELONY RESULTING FROM CULPA.

A

ACTUS NON FACIT REUM NIS MENS SIT REA

31
Q

Whenever a penal law is to be construed or applied and the law admits of TWO INTERPRETARION - ONE LENIENT TO THE OFFENDER and one strict to the offender-that interpretation which is lenient or favorable to the offender will be adopted.

A

DOCTRINE OF PRO REO

32
Q

Those SO SERIOUS IN THEIR EFFECT on society as to call for almost unanimous condemnation of its members.

A

CRIMES MALA IN SE

33
Q

Refers generally to felonies defined and PENALIZED BY THE REVISED PENAL CODE.

A

CRIMINAL INTENT NECESSARY

33
Q

Those violations of MERE RULES OF CONVENIENCE designated to secure a more orderly regulation of the affairs of society.

A

CRIMES MALA PROHIBITA

33
Q

Refers generally to acts MADE CRIMINAL BY SPECIAL LAWS

A

CRIMINAL INTENT IS NOT NECESSARILY

33
Q

acts and omissions PUNISHABLE BY LAW

33
Q

an OVERT OR EXTERNAL act.

34
Q

FAILURE TO PERFORM a duty required by law

34
Q

acts and omissions PUNISHABLE BY THE REVISED PENAL CODE.

35
Q

crimes punished UNDER SPECIAL LAW

36
Q

MINOR INFRACTION of law, such as violation of ordinance.

A

MISDEMEANOR

37
Q

acts and omissions PUNISHABLE BY ANY LAW

37
Q

What are two ways of committing felonies? How are felonies committed?

A

Felonies are committed by means of deceit (dolo) or by means of fault (culpa).

38
Q

dolo MEANS

38
Q

culpa MEANS

39
Q

When there is deceit?

A

There is decelt when the act is performed with deliberate intent.

40
Q

REQUISITES OF INTENTIONAL FELONIES:

A

FREEDOM
INTELLIGENCE
INTENT

41
Q

When there is fault?

A

There is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill

42
Q

REQUISITES OF CULPA:

A

FREEDOM
INTELLIGENCE
IMPRUDENT, NEGLIGENCE, OR LACK OF FOSESIGHT or LACK OF SKILLS

43
Q

It is deficiency of ACTION

A

IMPRUDENCE

44
Q

It is deficiency of PERCEPTION

A

NEGLIGENCE

44
Q

is the DETERMINATION TO DO CERTAIN THING, an aim or purpose of the mind.

44
Q

is the MENTAL CAPACITY to tell right from wrong.

A

DISCERNMENT

44
Q

It is implies motion. It is the MOVING POWER which impels one to do an act.

44
Q

is a MISAPPREHENSION OF FACT on the part of the person who caused injury to another. He is not criminally liable.

A

MISTAKE OF FACT

45
Q

refers to CRIMINAL INTENT

46
Q

Mens rea translation from Latin is?

A

guilty mind

47
Q

The plural of mens rea is?

A

mentes reae

47
Q

is the STATE OF MIND STATUTORILY REQUIRED in order to convict a particular defendant of a particular crime.

47
Q

Factors affecting criminal liability:

A
  1. ERROR IN PERSONAE
  2. ABERRATIO ICTUS
  3. PRATER INTENTIONEM
48
Q

It is poor MISTAKE IN THE IDENTITY of the victim;

A

ERROR IN PERSONAE

48
Q

ABSENCE of victim

A

ERROR IN PERSONAE

49
Q

It is MISTAKE IN BLOW, that is, when the offender intending to do an injury to one person actually inflicts it on another

A

ABERRATIO ICTUS

49
Q

PRESENCE of victim

A

ABERRATIO ICTUS

50
Q

when the INJURIOUS RESULT IS GREATER THAN THAT INTENDED or the act exceeds the intent.

A

PRATER INTENTIONEM

51
Q

Injuring one person who is MISTAKEN FOR ANOTHER

A

MISTAKE IN IDENTITY OF THE VICTIM

52
Q

HITTING SOMEBODY OTHER THAN THE TARGET due to lack of skill or fortuitous instances

A

MISTAKE IN BLOW

53
Q

Causing injury GRAVER THAN INTENDED or expected

A

INJURIOUS RESULT IS GREATER THAN THAT INTENDED

54
Q

That cause, which in natural and CONTINUOUS SEQUENCE, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred

A

PROXIMATE CAUSE

55
Q

an act which would be an OFFENSE AGAINST PERSON OR PROPERTY

A

IMPOSSIBLE CRIME

55
Q

it is not for the inherent impossibility of its accomplishment or on account of the employment of INADEQUATE OR INEFFECTUAL MEANS

A

IMPOSSIBLE CRIME

CRIM LAW 1 (3 decks)

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