Midterm Exam Flashcards
It is the who has the burden of proof to show insanity.
Defense
In self defense, the burden of proof rest upon the ________
Accused
8 year old Max Jr. was watching his favorite tv show “Lone Ranger”. But Petra changed the tv channel to enable her to watch Wiling Willie show which enraged Max jr. So, he pulled a knife and stabbed the back of Petra causing her instantaneous death. What circumstance beneficial to Max Jr. ?
exempting circumstance;
The husband has for a long time physically and mentally tortured his wife. After one episode of beating, the wife took the husband’s gun and shot him dead. Under the circumstances, her act constitutes
battered woman syndrome, a complete self-defense.
A battered woman claiming self-defense under the Anti-Violence against Women and Children must prove that the final acute battering episode was preceded by
2 battering episodes.
Acts of a person which are said to be in accordance with the law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability.
Justifying circumstances
Which of the following is not a justifying circumstances?
A. Self-defense
B. Defense of property
C. Defense of honor
D. Defense of relatives
E. Avoidance of greater accident
F.Battered woman syndrome
Battered woman syndrome
Which of the following is not a characteristic of penal law?
A. Generality
B. Territoriality
C. Prospectivity
D. Retroactivity when favorable to accused
E.None of the choices
None of the choices
What determines whether a vessel is a Philippine vessel for purposes of the application of criminal law?
Place of Registration
Crimes committed foreign vessel within the territorial waters of a country are not triable in the courts of such country. In Criminal law, this principle is known as
The French Rule
Crimes committed aboard a foreign vessel within the territorial waters of a country are triable in the courts of such country. In Criminal law, this principle is known as
The English Rule
For Offenses committed aboard foreign vessel committed in Philippine waters. What principle is applicable to the
The English Rule
Acts and omissions punishable by the RPC is known as
Felonies
Acts and omissions punishable by any law is known as
Crimes
In defense of relatives, one of the relatives that can be defended are those relatives by consanguinity within the fourth civil degree, such as
First cousin
When somebody defended a very distant relative, he is committing
Defense of stranger
A person as is exempt in all cases from criminal liability.
Imbecile
In defense of relatives, one of the relatives that can be defended are those relatives by consanguinity within the fourth civil degree such as
First cousin
Relationship by blood refers to relatives by.
Consanguinity
Policeman A saw X and Y were exchanging blows. When X pulled out his fun and about to shot Y, A immediately draw his gun and shot X resulting to his instantaneous death. Upon investigation, it turns out that it is X who is the aggressor. What possible defense A may availed of:
defense of a stranger;
Security Guard Mariano was assigned to secure the properties of the bank when a man appearing with a gun tucked-in in his belt is scaling the bank’s wall. Mariano shouted and fired a warning shot, but the man continue with his act and Mariano has no other choice, except to shot and hit the head of the man appearing to him as a robber. The man died and the allegation gun tack in in his belt is a toy gun as console of the mario what possible defense would you invoke
fulfillment of a duty;
Which of the following is a crime malum in se?
A. Offenses punished by the Revised Election Code, a special law, for the omission or failure to include a voter’s name in the in the registry list of voter’s
B. illegal possession of firearms
C. Violation of bp 22 issuing a bouncing check
D. Offenses define and punishable by the revised penal code
E. Carnapping law
Offenses defined and punished by the Revised Penal Code.
- Which of the following do not admit of frustrated and attempted stages?
A. Offenses punishable by special penal laws
B. Formal
C. Impossible Crimes
D. All of the Above
D. All of the Above
Which of the following crimes do not admit of frustrated stage.
A. Rape
B. Bribery
C. Adultery
D. All of the Above
D. All of the Above
x mixed poison in the coffee of Y to kill him. Unknowingly, Y drank his coffee laced with poison. Nothing happened as the poison had no effect at all. X committed:
Impossible Crime
A attacked B with a knife. B ran away and jumped into the river to avoid A. 8 drowned and died.
A is liable for the death of B because the proximate cause of the latter’s death was his chasing with
Voluntariness as an element of a felony is true only when the crime is
A. dolo by performing an act with deliberate intent
B.dolo by omitting to perform an act required by law
C. culpa
D. a malum prohibitum
E. all kinds of crime where the offender has intelligence and freedom of action
E. all kinds of crime where the offender has intelligence and freedom of action
Basis is the sum of social and economic phenomena which conditions man to do wrong in spite of or contrary to his volition. This theory of criminal law is known as
Positivist Theory
In the construction of penal laws, it must be construed in favor of offender.
Liberally
Which of following is not a limitation on power of congress to enact penal laws.
A. Ex post facto law
B. Bill of Attainder
Law that violates the equal protection clause of the constitution.
D. None of the Above
D.
The Revised Penal Code took effect on
January 1 1932
What determines whether a vessel is a Philippine vessel for purposes of the application of criminal law?
Place of Registration
Crimes committed foreign vessel within the territorial waters of a country are not triable in the courts of such country. In Criminal law, this principle is known as
The french rule
For Offenses committed aboard foreign vessel committed in Philippine waters. What principle is applicable to the
The english rule
Acts and omissions punishable by the RPC is known as
Felonies
Acts and omissions punishable by any law is known as
Crimes
Must not impose cruel and unusual punishment ar excessive fines.
Limitations on the power of Congress to enact penal laws.
Revised Penal Code states that the provisions of this Code shall be enforced within the Philippine Archipelago, including its atmosphere, its interior waters and ________ Philippine territory. which constitute the
Maritime Zone
In felonies, the act or omission by the must be punishable
Revised Penal Code
It is a legislative act which inflicts punishment without a judicial trial.
Bill of attainder
In felonies, the act is performed, or the omission incurred by means of
Doto or Culpa
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
French Rule
In mistake of fact the intention of the accused is
Lawful
It is manifested by the instrument used by the offender.
Intent
A diplomatic official who temporarily takes the place of an ambassador
Charges d’ affaires
Capital punishment is a product of this kind of this school of thought.
Classical Theory
It is the capacity to tell right from wrong.
Discernment
Man is regarded as a moral creature who
understands right from wrong. So that when he commits a wrong, he must be prepared to accept the punishment therefore.
Classical Theory
It is the design to resolve or determination by which a person acts.
Intent
There is when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
Culpa (Fault)
It changes the punishment and inflicts a greater punishment than the law annexed to the crime when it was committed.
Ex post facto law
Criminal liability may be incurred by any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means.
Impossible crime
Under the Impossible crime the act was done with
Evil intent
Must be general in application
Limitations on the power of Congress to enact penal laws.
There is deceit when the act is performed with deliberate
Intent
It aggravates a crime or makes it greater than was when committed
Ex post facto law
is the inexcusable lack of precaution on the part of the person performing or failing to perform an act.
Negligence
are punishable only when they have been consummated.
Light felonies
committed against persons or properties are punishable even if they are only in the attempted or frustrated stage of execution.
Light felonies
Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the
Chief Executive
is just a means by which a felony may result.
Culpa ( fault )
ATTEMPTED FRUSTRATED CONSUMMATED
In the jewelry section of a big department store, Joseph snatched a couple of bracelets and put them in his sling bag. At the store’s exit, however, he was arrested by the guard after being radioed by the store personnel who caught the act in the store’s moving camera.
CONSUMMATED
ATTEMPTED FRUSTRATED CONSUMMATED
Emancipacion put poison in Francis’s food. Francis threw away his food. Emancipacion is liable as
ATTEMPTED
ATTEMPTED FRUSTRATED CONSUMMATED
Andres stole Baltazar’s car, but he returned it. Andres is liable as
CONSUMMATED
ATTEMPTEDbFRUSTRATED CONSUMMATED
Andy aimed his gun at Darwin. Charles held Andy’s hand and prevented him from shooting Darwin.
ATTEMPTED
ATTEMPTED FRUSTRATED CONSUMMATED
Jerome inflicted a mortal wound on John.
John managed to survive.
FRUSTRATED
ATTEMPTED FRUSTRATED CONSUMMATED
Allan doused Francis’ house with kerosene. But before he could light the match, he was caught.
ATTEMPTED
ATTEMPTED FRUSTRATED CONSUMMATED
Andrew got hold of John’s painting. Andrew was caught before he could Teave John’s house.
FRUSTRATED
