PART 2 Flashcards
is that cause which in the ordinary and CONTINUOUS SEQUENCE unbroken by any efficient intervening cause produces the injury.
Proximate cause
are those that BREAK THE RELATION OF CAUSE AND EFFECT
Efficient intervening cause
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
IMPOSSIBLE CRIMES
What is The penalty for impossible crime?
arresto mayor or fine of P200-500
3 STAGES OF EXECUTION OF FELONIES:
CONSUMATED
FRUSTRATED
ATTEMPTED
when all the elements necessary for its execution and
ACCOMPLISHMENT IS PRESENT
CONSUMATED
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.
FRUSTRATED
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.
ATTEMPTED
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
OVERT ACT
It is one where the purpose of the offender in
PERFORMING AN ACT IS NOT CERTAIN
INDETERMINATE OFFENSE
How to determine whether a crime is attempted, frustrated or consummated?
- the elements present I
- the nature of the offense
- the manner of the commission of the crime
are crimes CONSUMMATED IN ONE INSTANT
Formal crimes
There is ONLY ONE STAGE and that is consummated stage.
Formal Crimes
have THREE STAGES OF EXECUTION, attempted, frustrated and consummated
Material crimes
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.
Subjective phase
If he is not so stopped but CONTINUES UNTIL HE PERFORM THE LAST ACT, it is frustrated, provided the crime is not produced.
objective phase
the offender is STOPPED BY ANY CAUSE OUTSIDE of his own voluntary desistance,
Subjective phase
When light felonies are punishable?
are punishable only when they have been consummated, with the exception of those committed against person or property.
are those infractions of law for the commission of which a PENALTY OF ARRESTO MENOR OR A FINE NOT EXCEEDING 200 PESOS or both
Light felonies
When Conspiracy and proposal to commit felony?
are punishable only in the cases in which the law specially provides a penalty therefor
exists WHEN TWO OR MORE PERSONS COME TO AN AGREEMENT concerning the commission of a felony and decide to commit it.
conspiracy
when the person who has decided to commit a felony PROPOSES ITS EXECUTION TO SOME OTHER PERSON OR PERSONS
proposal
EXEMPTION: Cases where mere CONSPIRACY is already punishable:
- Conspiracy to commit treason (Art.115);
- Conspiracy to commit rebellion or insurrection (Art. 136);
- Conspiracy to commit sedition (Art. 141);
- Conspiracy in restraint of trade or commerce (Art. 186)
- Conspiracy to commit terrorism under RA 9372
- Conspiracy to commit arson under PD 1613.
EXEMPTION: Cases where mere PROPOSAL is already punishable
- Proposal to commit treason (Art. 115);
- Proposal to commit rebellion or insurrection (Art. 136)
- Proposal to commit coup d’ etat
RULE IN CONSPIRACY
WHEN THERE IS CONSPIRACY BETWEEN OR AMONG THOSE WHO COMMITTED THE CRIME THE ACT OF ONE IS THE ACT OF ALL
CLASSIFICATION OF FELONY ACCORDING TO GRAVITY:
Grave felonies
less grave felonies
light felonies
PRINCIPAL PENALTIES:
- Capital Punishment
- Afflictive Penalties
- Correctional penalties
- Light penalties
Capital Punishment:
- Death
are those to which the law attaches the CAPITAL PUNISHMENT OR PENALTIES which in any of their
periods are afflictive
Grave felonies
are those which the law punishes with penalties which in their MAXIMUM PERIOD ARE CORRECTIONAL
less grave felonies
Afflictive Penalties:
- 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)
Correctional penalties:
- 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)
Light penalties:
- Arresto menor- 1 day to 30 days
- Public censure
shall deprive the offender DURING THE TIME OF HIS SENTENCE
Civil interdiction
It is NOT SUBJECT TO THE PROVISIONS OF THIS CODE
Offenses
a law which defines and PUNISHES ACT NOT FOUND IN THE RPC
Special Law
