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PART 1 Flashcards

1
Q

It is branch of public law which DEFINES CRIME, TREATS OF THEIR NATURE and provides for their punishment

A

Criminal Law

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2
Q

punishable by CITY or municipal ordinances

A

INFRACTIONS

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2
Q

Punishable by SPECIAL PENAL LAWS

A

OFFENSE

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2
Q

Punishable by the RPC

A

FELONY

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2
Q

a MISDEMEANOUR, an offense, or SIMPLY CRIME

A

Delict

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2
Q

An act committed or omitted in violation of a public law forbidding or commanding it.

A

CRIME

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2
Q

the FAULT OR NEGLIGENCE OF A PERSON CAUSING DAMAGE TO ANOTHER and there is no pre existing contractual relation between the parties

A

Quasi delict

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3
Q

Quasi delict also known as?

A

CULPA AQUILIANA

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3
Q

What is Act 3815?

A

the Revised Penal Code

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3
Q

SOURCES OF CRIMINAL LAW:

A
  1. Act 3815 known as the Revised Penal Code
  2. Special Penal Laws passed by Congress
  3. Presidential Decrees issued by President Marcos
  4. Codigo Penal De Espana
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4
Q

Codigo Penal De Espana known as?

A

Spanish Penal Code

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5
Q

The body of principles, usages and rules of actions which DO NOT RESULT FROM THE EXPRESS ACT OF THE LEGISLATURE

A

COMMON LAW CRIMES

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6
Q

NULLUM CRIMEN NULLA POENA SINE LEGE means?

A

there is no crime if there is no law punishing it.

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7
Q

CHARACTERISTICS OF CRIMINAL LAW:

A

General
Territorial
Prospective

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8
Q

criminal law is binding on ALL PERSONS WHO LIVE or sojourn in the Philippines,
regardless of age, sex or nationality.

A

General

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9
Q

criminal laws are APPLICABLE ONLY IF THE CRIME IS COMMITTED WITHIN PHILIPPINE TERRITORY

A

Territorial

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10
Q

criminal law cannot make an act punishable in a manner in which iIT WAS NOT PUNISHABLE WHEN COMMITTED

A

Prospective

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11
Q

Exception to the GENERAL CHARACTERISTICS:

A
  1. As provided by treaty stipulations
  2. As provided by laws of preferential applications
    3.principles of public international laws:
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12
Q

principles of public international laws:

A

Sovereigns and other chief of states
Ambassadors,
Minister plenipotentiaries
Minister residents
charges d’ affaires.

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13
Q

PROSPECTIVE Also known as

A

prospectivity or irretrospectivity

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14
Q

It means the law (as a general rule) DOES NOT HAVE RETROACTIVE EFFECT

A

PROSPECTIVE

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15
Q

Exception to the PROSPECTIVE CHARACTER

A

When the new law is favourable to the accused.

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16
Q

It is strictly CONSTRUED AGAINST THE STATE and liberally in favor of the accused

A

Penal laws

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17
Q

When there is doubt about the meaning or application or interpretation of a penal
law and the doubt admits of TWO INTERPRETATION

A

PRO REO DOCTRINE

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17
Q

the doubt admits of TWO INTERPRETATION

A

lenient to offender
favorable to him

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17
Q

The OLD PENAL CODE which took effect until

A

December 31, 1931

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18
Q

ADMINISTRATIVE ORDER 94 of the DOJ dated

A

October 18, 1927

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19
Q

RPC APPROVED ON

A

December 8, 1930

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20
Q

RPC TOOK EFFECT

A

January 1, 1932

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21
Q

THEORIES IN CRIMINAL LAW:

A

*Classical Theory
*Positivist Theory
*Eclectic Theory

22
Q

The basis of criminal liability is human free will and the
purpose of PENALTY IS RETRIBUTION

A

Classical Theory

23
Q

Man is a moral creature with an ABSOLUTE FREE WILL to choose between good and evil

A

Classical Theory

23
Q

The purpose of PENALTY IS REFORMATION of accused.

A

Positivist Theory

23
Q

Man is subdued occasionally by a strange and MORBID PHENOMENON WHICH CONSTRAIN HIM TO DO WRONG

A

Positivist Theory

23
Q

RULES ON CRIMES COMMITTED ABOARD FOREIGN MERCHANT VESSEL WHILE
WITHIN PHILIPPINE WATERS:

A
  • English Rule
  • French Rule
23
Q

the crime is punishable in the Philippines, unless the CRIME MERELY AFFECTS THINGS within the vessel

A

English Rule

24
Q

the crime is NOT TRIABLE IN THE COURTS OF THAT COUNTRY unless their commission has effects on the safety of the coastal state.

A

French Rule

25
Q

LIMITATIONS ON THE POWERS OF CONGRESS TO MAKE LAWS:

A
  • No Ex Post Facto Law shall be enacted
  • No Bill of Attainder shall be passed
26
Q

is a law that makes
CRIMINAL AN ACT DONE BEFORE THE PASSAGE OF THE LAW and which was innocent when
done, and punishes such an act

A

Ex Post Facto Law

27
Q

is a law which INFLICTS PUNISHMENT WITHOUT TRIALS

A

Bill of Attainder

28
Q

It may also be defined as a law which AGGRAVATES CRIME or makes it greater than it was, when committed

A

Ex Post Facto Law

29
Q

When Felonies are committed?

A

Felonies are committed not only be means of deceit (dolo) but also by means of
fault (culpa).

29
Q

An Acts and omissions PUNISHABLE BY LAW

29
Q

When There is deceit?

A

There is deceit when the act is performed with deliberate intent

29
Q

When there is fault?

A

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

29
Q

ELEMENTS OF FELONIES IN GENERAL:

A
  • An act or omission
  • Act or omission punishable by the RPC
  • Act is performed or omission is incurred by means of dolo or culpa
30
Q

is any BODILY MOVEMENT tending to produce some effects in the external
world.

31
Q

inaction, the FAILURE TO PERFORM AN ACT one is bound to do

32
Q

It is involves LACK OF SKILL

A

Imprudence

33
Q

it is involves LACK OF FORESIGHT

A

Negligence

34
Q

it is involves a deficiency of ACTION

A

Imprudence

35
Q

it is indicates a deficiency of
PERCEPTION.

A

Negligence

36
Q

Requisites of DOLO OR MALICE (INTENTIONAL FELONIES)

A
  • Freedom of action
  • Intelligence
  • Intent
36
Q

It is CRIMINAL INTENT

A

MEN’S REA

37
Q

the iINTENTION OR KNOWLEDGE OF WRONG DOING that constitutes part of a crime, as opposed to the action or conduct of the accused.

A

MEN’S REA

38
Q

Requisites of FAULT OR CULPA (CULPABLE FELONIES):

A
  • Freedom of action
  • Intelligence
  • Imprudent, negligent, or lack of foresight or lack of skill
39
Q

is a MISAPPREHENSION OF FACT on the part of the person who caused injury to another

A

MISTAKE OF FACT

40
Q

IGNORANTIA LEGIS NON EXCUSAT means?

A

IGNORANCE OF THE LAW EXCUSES NO ONE FROM THE COMPLIANCE THERE WITH

40
Q

IGNORANTIA FACTI EXCUSAT means?

A

ignorance of a fact is an excuse.

41
Q

Any act done under a MISTAKEN IMPRESION OF A MATERIAL FACT is excused

A

IGNORANTIA FACTI EXCUSAT

42
Q

The ACT ITSELF DOES NOT MAKE A MAN GUILTY unless his intention was so.

A

Actus non facit reum nisi mens sit rea

43
Q

An ACT DONE BY ME AGAINST MY WILL is not my act

A

Actus me invito factus nonest meus actus

44
Q

Those which are SO SERIOUS IN EFFECT to the so society so as to call for their unanimous condemnation

A

CRIMES MALA IN SE

44
Q

It is WRONGFUL IN NATURE. Since the beginning of time

A

CRIMES MALA IN SE

45
Q

These are VIOLATION OF MERE RULES of convenience designed to secure a more orderly affairs of the society

A

CRIMES MALA PROHIBITA

46
Q

Made wrongful ONLY BY STATUTE

A

CRIMES MALA PROHIBITA

47
Q

is the PURPOSE TO USE PARTICULAR MEANS to effect such result.

47
Q

It is not only mean the obligation to serve the personal or IMPRISONMENT PENALTIES BUT IT ALSO INCLUDES THE LIABILITY TO PAY THE FINES or pecuniary
penalties.

A

Criminal liability

47
Q

the MOVING POWER which impels one to action for a definite result

48
Q

mistake in IDENTITY OF THE VICTIM

A

Error in personae

49
Q

mistake in BLOW

A

Aberratio Ictus

50
Q

Result done is GREATER THAN THAT ORIGINALLY INTENDED

A

Praeter Intentionem

51
Q

What is Rationale of Par. 1?

A

El que es causa de la causa es causa del mal causado.

52
Q

El que es causa de la causa es causa del mal causado. means?

A

He who is the cause of the cause is the cause of the evil caused.

CRIM LAW 1 (3 decks)

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