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Criminal Law II > Module 3 > Flashcards

Module 3 Flashcards

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1
Q

Distinguish rebellion from insurrection

The goal of rebellion is to ___ the legally ___ and ___ government.

Insurrection aims to make a ___ ___ in order to ___ the exercise of governmental ___ over ___ or ___.

A
  1. destabilize; elected; constituted
  2. a little change; impede; authority; specific matters or subjects
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2
Q

The elements of rebellion are

  1. That there be:
    a. ___ ___
    b. __ __ agains the government.
  2. That the ___ of the ___ is either:
    a. to ___ from the ___ to said Government or its laws
    a.1. the ___ of the Philippines or any part thereof
    a.2. any __ of __, ___, or other armed forces.
    b. to __ the Chief Executive or ___, wholly or partially of any of their powers or ___
A
  1. a. public uprising
    b. taking up of arms
  2. purpose of the uprising or movement
    a. remove; allegiance
    a.1. territory
    a.2. body; land, naval
    b. deprive; Congress; prerogatives
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3
Q

The elements of coup d’ etat are:

  1. Offender is a person/s belonging to the ___ or ___ or ___ or employment.
  2. That it is committed by means of a ___ accompanied by __ __ __ __.
  3. That the attack is directed against the duly constituted ___ of the ___
  4. That the purpose of the attack is to ___ or ___.
A
  1. military; police; holding public office
  2. swift attack; violence, intimidation, threat, strategy, stealth
  3. authorities; Republic of the Philippines
  4. seize; diminish state power
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4
Q

Differentiate rebellion from coup d’ etat

A

Rebellion is by nature, the taking up of arms by multitudes of people against the government while a coup is a swift attack by members of the military or public officials against the government.

Rebellion’s aim is to overthrow the government and install their own while a coup’s aim is only to weaken or destabilize the government.

Rebellion can only be done through force and violence while a coup can also be done through intimidation, strategy, or stealth.

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5
Q

The acts punished for the crime of Disloyalty of Public Officers and Employees are:

  1. by ___ to ___ rebellion by all means in their power.
  2. by ___ to ___ the ___ of their offices under the ___ of the rebels.
  3. by ___ ___ to ___ under them.
A
  1. failing; resist
  2. continuing; discharge; duties; control
  3. accepting appointment; office
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6
Q

What are the elements of Inciting to Rebellion

1.The offender ____ ____ or is ____ ____ against the government.
2. that he ___ ___ to the ___ of any of the acts of rebellion.
3. that the __ is done by means of ___, ___, ___, ___, ___ or other representations tending to the same end.

A
  1. does not take up arms; not in open hostility
  2. incites others; execution
  3. inciting; speeches, proclamations, writings, emblems, banners
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7
Q

The elements of sedition are:

  1. That the offenders ____ and ___.
  2. That they employ ___, ___ or other means ___ ___.
  3. That the offenders employ any of those means to attain any of the ff:
    a; to prevent the ___ or ___ of any law or the ___ of any ___
    b. to prevent the ___ or any __ or ___, or any ___ thereof from ___, or prevent the ___.
    c. to ___ any act of __ or ___ upon the ___ or ___ of any public officer or employee.
    d. to commit, for any ___ or ___ end, any act of ___ or ___ against ___ persons or any ___
    e. to ___, for any __ or __ end, any person, ___, or ___, or the national government of all its ___ or any part thereof.
A
  1. rise publicly; tumultuously
  2. force, intimidation, outside the legal methods
  3. a. promulgation; execution; holding; popular election
    b. National Government; provincial; municipal government; public officer; freely exercising its functions; execution of any administrative order
    c. inflict; hate; revenge; person; property
    d. political; social; hate; revenge; private persons; social class
    e. despoil; political; social; municipality; provincial; property
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8
Q

What are the acts punishable in inciting to sedition?

  1. ____ others to the ___ of any __ which constitute ___ by means of __,__,__,__,__
  2. ___ seditious ___ or ___ which tend to __ the ___ ___
    3.. Writing, publishing, or ___ ___ ___ against the Government or any of the duly constituted authorities thereof, which tend to disturb the ___
A
  1. Inciting; accomplishment; acts; sedition; speeches, proclamations, writings, emblems, banners, etc
  2. Uttering; words or speeches; disturb; public peace
  3. circulating scurrilous libels; public peace
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9
Q

What are the elements of inciting to sedition

  1. The offender ___ in the crime of sedition.
  2. He ___ others to the ____ of any of the acts which ____
  3. The ___ is done by ____
A
  1. does not take part
  2. incites; accomplishment;; constitute sedition
  3. inciting; speeches, proclamations, writings, emblems, banners, etc
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10
Q

What are the elements of the crime of acts tending to prevent the meeting of congress or similar bodies

  1. that there be a ___or ___ meeting of the National Assembly or any of its ____.
  2. That the offender who _____, ____ such meeting by ___ or ____
A
  1. projected; actual; committees
  2. may be any person, prevents; force; fraud
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11
Q

What are the elements of the crime of Disturbance of Proceedings of Congress or Similar Bodies

  1. there is a ___ of the National Assembly
  2. Offender does any:
    a.he ___ any of such ___
    b. he ___ while in the presence of such ___ in such a manner as to ___ its ___ or to ___ the respect due it
A
  1. meeting
    2.a. disturbs; meetings
    b. behaves; bodies; interrupt its; proceedings; impair
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12
Q

What is the first act punishable in the crime of violation of parliamentary immunity?

  1. By using ___, ___ ,___,___ to prevent any member of the National Assembly from 1) ___ the meetings of the National Assembly or any of its ___, or from 2) ___ his opinions or 3) ___ his vote
A

force, fraud, intimidation, threats; attending; committees; expressing; casting

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13
Q

What is the second act punishable in the crime of violation of parliamentary immunity?

  1. By ___ or ___ any member thereof while the ___ ___ is in ___ or ___ session, except when such member has committed a crime punishable by penalty higher than ___ ___.
A

arresting; searching; national assembly; regular; special; prision mayor

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14
Q

What are the two kinds of illegal assemblies?

1.Any meeting attended by ____ for the purpose of ____.
2. Any meeting in which the ____ whether ____, is ____ to the commission of the crime of ___ upon a person in authority or his agents.

A
  1. armed persons; committing any of the crime punishable under the code.
  2. audience; armed or not; incited; treason, rebellion, insurrection, sedition, assualt
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15
Q

What are the requisites of the first kind of illegal assembly?

1.there is a ___ or ___ of ____ whether in a ___ or ___
2. the ___ is attended by ____
3. the purpose of the ____ is to ____.

A
  1. meeting or gathering; group of persons; fixed place or moving
  2. meeting; armed men
  3. meeting; commit any of the crimes punishable under the code
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16
Q

What are the requisites of the second kind of illegal assembly?

  1. there is a ___ or ___ or __ whether in a __ or ___
  2. the __, whether __, is ___ to the commission of the crime of ____ upon a person in authority or his agents
A
  1. meeting, gather, group of persons; fixed place or moving
  2. audience; armed or not; incited; treason, rebellion, insurrection, sedition, assault
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17
Q

What is the difference between illegal assemblies and inciting to sedition?

In inciting to sedition, the person/s liable are those that ___. Whereas in illegal assemblies, the persons liable are 1) the ___ and 2) the ___

A

incite to sedition

organizers or leaders of the meeting
the persons present at the meeting

18
Q

What are illegal associations?

  1. Associations ___ or ___ organized for the purpose of ____
  2. Associations ___ or __ organized for some purpose ___
A
  1. totally, partially; committing any acts punishable under the Code
  2. totally, partially; contrary to public morals
19
Q

What is the gravamen of the crime of illegal association?

1.It is the forming of ___, for the purpose of ___.

A

an organization, corporation, or association; criminal activities prohibited under the Code

20
Q

What are the 2 ways of committing the crime of Direct Assault?

  1. without _____, by employing ___ or ___ for the ___ enumerated in defining the crimes of ___.
  2. without ___, by ___ or ___ or by ___ or by __ any person in authority or any of his agents, while ___
A
  1. public uprising; force or intimidation; attainment of any of the purposes; rebellion and sedition
  2. public uprising; attacking; employing force, seriously intimidating; seriously resisting; engaged in the performance of duties
21
Q

What are the requisites of the first form of direct assault?

  1. Offender employs___
  2. The aim of the offender is to ___
  3. There is no ___
A
  1. force or intimidation
  2. attain any of the purposes of the crime of rebellion and sedition
  3. public uprising
22
Q

What are the elements of the 2nd form of direct assault?

1.offender makes ___, employs ___, makes a serious ___, or seriously ___
2. the person ___ is a ___
3. at the time of the ___, the ___ is engaged in ___ or that he is __ by __
4. the offender ___ that the one he is __ is a __-
5. there is no ___

A
  1. an attack, force, intimidation, resistance
  2. assaulted; person in authority or his agent
  3. assault, person in authority or his agent, actual performance of official duties, assaulted, reason of past performance of duties
  4. knows assaulting, person in authority or his agent in the exercise of his duties
  5. public uprising
23
Q

Who is a person in authority?

Any person ____ with ___, whether it is an ___ or as a ___.

A

vested with jurisdiction; individual; member of some court or governmental corporation, etc.

24
Q

Who is an agent of a person in authority?

An agent of a person in authority is one, ____ or by ___ or by ___, is charged with the maintenance of ___ and the ___ of life and property.

A

by direct provision of law, election, appointment by competent authority, public order, protection and security

25
Q

What qualifies direct assault?

  1. when the assault is ____
  2. when the offender is a ____
  3. when the offender ___ upon a ___
A
  1. committed with a weapon
  2. public officer or employee
  3. lays hands, person in authority
26
Q

What are the elements of Indirect Assault?

  1. that a ___ or his __ is the victim of __
  2. that a person ___ of ___
  3. that the offender makes ___ upon ___
A
  1. person in authority, agent, any of the forms of direct assault
  2. comes to the aid of such authority or agent
  3. use of force or intimidation; person coming to the aid of the authority or agent
27
Q

What are the acts punished in the crime of Disobedience to Summons by Legislative Bodies?

  1. By ___, without ___, to __ of the National Assembly.
  2. By ___ to be __ while being before such legislative or constitutional body
  3. By ___ any ___ or to produce ___ when required by them to do so
  4. By ___ another from ___ in such legislative or constitutional body
  5. by ___ to a summons or refusal to be ___ by any such body
A
  1. refusing; legal excuse; obey the summons
  2. refusing to be sworn or placed under affirmation
  3. refusing to answer any legal inquiry; any books, papers, documents
  4. restraining; attending as a witness
  5. inducing disobedience; sworn
28
Q

What are the elements of Resistance and Disobedience to a Person in Authority or the Agents of Such Person (par 1, Art. 151)

  1. That a ___ or his __ is ___ or gives a ___
  2. That the offender ___ or ___ such ___
  3. That the act of the offender ___
A
  1. person in authority, agent, engaged in the performance of official duty, lawful order to the offender
  2. resits or seriously disobeys ; person in authority or his agent
  3. is not included in the provisions of Arts. 148, 149, 150
29
Q

What are the elements of Simple Disobedience (par. 2, Art. 151)

  1. That a ___ or his __ is ___ or gives ___
  2. That the offender __ such
  3. That such ___ is not __
A
  1. person of authority, agent, engaged in the performance of official duty, lawful order
  2. disobeys, person in authority or agent
  3. disobedience, a serious nature
30
Q

What are tumults and other disturbances of public order (Art. 153)?

1.causing any ____, in a public ___, ___ or ____.
2. ____ or ___ performances, ___ or ____, or peaceful meetings, if the act is ___.
3. Making any ___ tending to ___ or ___ in any ___, association, or public place.
4. Displaying ___ or ___ which provoke a ___ of ___ in such place
5. ___ with pomp the ___ who has been __

A
  1. serious disturbance; place, office, or establishment
  2. Interrupting or disturbing; functions, gatherings; not included in Arts. 131 and 132.
  3. outcry; incite rebellion; sedition ; meeting
  4. placards; emblems; disturbance; public order
  5. burying; body of a person; legally executed
31
Q

What are the acts punishable in the crime of the Unlawful Use of Means of Publication and Unlawful Utterances (Art. 154)?

  1. By ___ by means of ___, as news, any ___ which may ___ the ___ or cause ___
  2. By ____ ____ to the law or to the duly constituted or by ___ any act punished by law by the same means or by ___
  3. By ___ any ___ without ___ or before they __
  4. By ___ which do not __
A
  1. publishing; printing; false news; endanger the public order; damage to the interest of the State
  2. encouraging disobedience; praising, justifying; words; speeches; utterances
  3. maliciously publishing; official resolution; proper authority; published officially
  4. printing books, periodicals; bear the real printer’s name
32
Q

What constitutes Alarm and Scandal (Art. 155)

1.___ any firearm with any ___or __, calculated to cause ___ or ___
2. ____ or taking an active part in any ___ or other ___ offensive to another or prejudicial to ___
3. ___ the public peace while ___ or while engaged in any ___
4. causing any ___ in public places while __

A
  1. Discharging; town or public place; alarm or danger
  2. Instigating; charivari; disorderly meeting; public tranquility
  3. Disturbing; wandering about at night; other nocturnal amusements
  4. disturbance; intoxicated, provided 153 is not applicable
33
Q

Distinguish Art. 153 (Tumults and Other Disturbances of Public Order) and Art. 155 (Alarms and Scandal)

  1. Art. 155, acts punished produce ___ or ___ in a ___ manner. While Art. 153 explicitly covers ___ that was ___.
A
  1. distress, disturbance; less serous
  2. serious public disturbance
34
Q

What are the elements of the crime of Delivering Prisoners from Jails? (Art. 156)

  1. There is a ___ in a ___ or __
  2. The offender ___ such ___ or ___
A
  1. person confined; jail; penal institution
  2. removes therefrom; person; helps the escape of such person
35
Q

Qualifying Circumstances of Art. 156 - Delivering prisoners from jails

1._____e
2. _______n
3. ______y

A
  1. Violence
  2. Intimidation
  3. Bribery
36
Q

What are the elements of the crime of Evasion of Service of Sentence (Art. 157)?

1.the offender is a ____ by ___
2. he is ____ which consists in ____
3. He evades the service by ___ during the ___

A
  1. convict; final judgment
  2. serving his sentence; deprivation of liberty
  3. escaping during the term of his sentence
37
Q

Circumstances qualifying the crime of evasion of service of sentence (art. 157)

  1. by means of ____
  2. by breaking ___,
  3. by using ___
  4. through ____
A
  1. unlawful entry (by scaling)
  2. doors, windows, gates, walls, roofs, or floors
  3. picklocks, false keys, disguise, deceit, violence, intimidation
  4. connivance with other convicts or employees of the penal institution
38
Q

What are the elements of the crime of evasion on occasion of disorders? (Art. 158)

  1. the offender is a __ who is ___
  2. there is a ___ resulting from:
    __
  3. that the offender evades the service of his sentence by ___ the penal institution on the occasion of such disorder
  4. offender ___ to ____ to the ___ within ___ following the ___
A
  1. convict by final judgment; confined in a penal institution
  2. disorder
    conflagration
    earthquake
    explosion
    similar catastrophe
    mutiny in wc he has not. participated
  3. leaving
  4. fails to give himself up; authorities; 48 hours; issuance of a proclamation by the chief executive that the calamity has passed
39
Q

What are the elements of the crime of violation of conditional pardon (Art. 159)

  1. the offender was a ___
  2. he was ___ a ___ by the __
  3. he violated ___ of the ___ of such __
A
  1. convict
  2. granted; conditional pardon; chief executive
  3. any; conditions; pardon
40
Q

What are the elements of the crime of quasi-recidivism? (Art. 160)

  1. the offender was already ___ of ___
    .2 he ___ a ___ before __ to ___ or while __
A
  1. convicted by final judgment; one offense
  2. committed; new felony; beginning; serve such sentence; serving the same

Criminal Law II (5 decks)

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