PART 2

Question 1

is that cause which in the ordinary and CONTINUOUS SEQUENCE unbroken by any efficient intervening cause produces the injury.

Answer 1

Proximate cause

Question 2

are those that BREAK THE RELATION OF CAUSE AND EFFECT

Answer 2

Efficient intervening cause

Question 3

those crimes which would have been committed against person or property were it not for the inherent IMPOSSIBILITY OF ITS ACCOMPLISHMENTor on account of the employment of inadequate or ineffectual means

Answer 3

IMPOSSIBLE CRIMES

Question 4

What is The penalty for impossible crime?

Answer 4

arresto mayor or fine of P200-500

Question 5

3 STAGES OF EXECUTION OF FELONIES:

Answer 5

CONSUMATED
FRUSTRATED
ATTEMPTED

Question 6

when all the elements necessary for its execution and
ACCOMPLISHMENT IS PRESENT

Answer 6

CONSUMATED

Question 7

when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, DO NOT PRODUCE IT BY REASON OF CAUSES INDEPENDENT OF THE WILL of the perpetrator.

Answer 7

FRUSTRATED

Question 8

when the offender commences the commission of a
felony directly or over acts, and does NOT PERFORM ALL THE ACTS OF EXECUTION which should produce the felony by reason of some cause or accident other than this own spontaneous desistance.

Answer 8

ATTEMPTED

Question 9

It is some physical activity or deed MORE THAN A MERE PLANNING OR PREPARATION, which if carried out to its complete termination following its natural course

Answer 9

OVERT ACT

Question 10

It is one where the purpose of the offender in
PERFORMING AN ACT IS NOT CERTAIN

Answer 10

INDETERMINATE OFFENSE

Question 11

How to determine whether a crime is attempted, frustrated or consummated?

Answer 11

• the elements present I
• the nature of the offense
• the manner of the commission of the crime

Question 12

are crimes CONSUMMATED IN ONE INSTANT

Answer 12

Formal crimes

Question 13

There is ONLY ONE STAGE and that is consummated stage.

Answer 13

Formal Crimes

Question 14

have THREE STAGES OF EXECUTION, attempted, frustrated and consummated

Answer 14

Material crimes

Question 14

is that portion of the acts constituting the crime, starting from the point where the offender begins the commission of the crime to the point where
HE STILL HAS CONTROL OVER HIS ACT and their natural course.

Answer 14

Subjective phase

Question 14

If he is not so stopped but CONTINUES UNTIL HE PERFORM THE LAST ACT, it is frustrated, provided the crime is not produced.

Answer 14

objective phase

Question 15

the offender is STOPPED BY ANY CAUSE OUTSIDE of his own voluntary desistance,

Answer 15

Subjective phase

Question 16

When light felonies are punishable?

Answer 16

are punishable only when they have been consummated, with the exception of those committed against person or property.

Question 17

are those infractions of law for the commission of which a PENALTY OF ARRESTO MENOR OR A FINE NOT EXCEEDING 200 PESOS or both

Answer 17

Light felonies

Question 18

When Conspiracy and proposal to commit felony?

Answer 18

are punishable only in the cases in which the law specially provides a penalty therefor

Question 19

exists WHEN TWO OR MORE PERSONS COME TO AN AGREEMENT concerning the commission of a felony and decide to commit it.

Answer 19

conspiracy

Question 20

when the person who has decided to commit a felony PROPOSES ITS EXECUTION TO SOME OTHER PERSON OR PERSONS

Answer 20

proposal

Question 21

EXEMPTION: Cases where mere CONSPIRACY is already punishable:

Answer 21

1. Conspiracy to commit treason (Art.115);
2. Conspiracy to commit rebellion or insurrection (Art. 136);
3. Conspiracy to commit sedition (Art. 141);
4. Conspiracy in restraint of trade or commerce (Art. 186)
5. Conspiracy to commit terrorism under RA 9372
6. Conspiracy to commit arson under PD 1613.

Question 21

EXEMPTION: Cases where mere PROPOSAL is already punishable

Answer 21

1. Proposal to commit treason (Art. 115);
2. Proposal to commit rebellion or insurrection (Art. 136)
3. Proposal to commit coup d’ etat

Question 21

RULE IN CONSPIRACY

Answer 21

WHEN THERE IS CONSPIRACY BETWEEN OR AMONG THOSE WHO COMMITTED THE CRIME THE ACT OF ONE IS THE ACT OF ALL

Question 22

CLASSIFICATION OF FELONY ACCORDING TO GRAVITY:

Answer 22

Grave felonies
less grave felonies
light felonies

Question 23

PRINCIPAL PENALTIES:

Answer 23

1. Capital Punishment
2. Afflictive Penalties
3. Correctional penalties
4. Light penalties

Question 23

Capital Punishment:

Answer 23

• Death

Question 23

are those to which the law attaches the CAPITAL PUNISHMENT OR PENALTIES which in any of their
periods are afflictive

Answer 23

Grave felonies

Question 23

are those which the law punishes with penalties which in their MAXIMUM PERIOD ARE CORRECTIONAL

Answer 23

less grave felonies

Question 24

Afflictive Penalties:

Answer 24

• Reclusion perpetua
  (20 yrs. +1 day to 40 yrs)
• Reclusion temporal
  (12 yrs.+1 day-20 yrs)
  •Perpetual or temporary absolute
  disqualification
  (6 yrs+1 day to 12 yrs.)
• Perpetual or temporary special disqualification
  (6 yrs. +1 day to 12 yrs.)
• Prision Mayor
  (6 yrs. + 1 day to 12 years)

Question 24

Correctional penalties:

Answer 24

• Prision correctional
  (6 mos.+ 1 day to 6 yrs)
• Arresto mayor
  (1 month + 1 day to 6 mos.)
• Suspension-
  (6 mos+1 day to 6 yrs.)
• Destierro
  (6 mos. +1 day to 6 years light penalties)

Question 24

Light penalties:

Answer 24

• Arresto menor- 1 day to 30 days
• Public censure

Question 24

shall deprive the offender DURING THE TIME OF HIS SENTENCE

Answer 24

Civil interdiction

Question 25

It is NOT SUBJECT TO THE PROVISIONS OF THIS CODE

Answer 25

Offenses

Question 26

a law which defines and PUNISHES ACT NOT FOUND IN THE RPC

Answer 26

Special Law