Midterm Review Flashcards
When did the Revised Penal Code take effect?
The Revised Penal Code took effect on January 1, 1932 (Art. 1 RPC)
Where shall the provisions of the Revised Penal Code be applicable?
The provisions of the Revised Penal Code shall be applicable within the Philippine Archipelago, including its atmosphere, interior waters, and maritime zone.
What are the exceptions to the territoriality principle of Philippine criminal law?
The exceptions to the territoriality principle of Philippine criminal laws are:
(1) those provided in treaties and laws of preferential application;
(2) offenses committed on board a Philippine ship or air ship;
(3) counterfeiting of Philippine currency notes or any securities and obligations issued by the Government of the Philippines;
(4) those liable for acts connected with the introduction of the aforesaid counterfeit notes and currency into the islands;
(5) public officers and employees committing an offense abroad in the exercise of their functions; and
(6) offenses against the national security of the Philippines and the laws of nations as provided in Title One of Book Two of the RPC.
What is the general rule for the punishment of crimes?
Nullum crimen, nulla poena sine lege.
Art. 21 RPC. Penalties that may be imposed - No felony shall be punishable by any penalty not prescribed by law prior to its commission.
What is the effect of a pardon by the offended party?
A pardon by the offended party does not extinguish criminal action except as provided in Article 344 of the Revised Penal Code; but civil liabilities with regard to the interest of the injured party is extinguished by his express waiver (Art. 23 RPC).
What criminal offense may be pardoned by the offended party and thereby extinguish criminal action?
Only those offenses provided under Article 344 of the Revised Penal Code may be pardoned by the offended party and have the criminal action extinguished thereof. These offenses are: Adultery, concubinage, seduction, abduction, and acts of lasciviousness.
Rape was formerly included however with the amendment of R.A. No. 8353, rape is considered deleted in Article 344 because of its reclassification form crimes against chastity to crimes against persons.
What may be extinguished by the pardon of the offender through an express waiver?
Civil liabilities with regard to the interest of the injured party by extinguished through the express waiver of the offended party.
Shall a pardon automatically reinstate the rights to hold public office and right of suffrage?
No, a pardon shall not work the restoration of the rights to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon (Art. 36 RPC).
What is the definition of felonies?
Definition of felonies - Acts and omissions punishable by law are felonies (delitos). (Art. 3 RPC).
How are felonies commited?
Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa). (Art 3 RPC).
When is there deceit and when is there fault?
There is deceit when the act is performed with deliberate intent; and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
What are the two elements of an intentional felony?
Actus reus (evil act); mens rea (evil intent)
