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
