Penalties

Question 1

In what crimes is death penalty imposed?

Answer 1

1) treason
2) piracy
3) qualified piracy
4) qualified bribery
5) parricide
6) murder
7) infanticide
8) rape with homicide
9) robbery with homicide
10) plunder
11) carnapping
12) some crimes of dangerous drugs act
13) destructive arson
14) kidnapping and serious illegal detention

Question 2

Complex crime

Answer 2

1) compound crime - single act constitutes 2 or more grave or less grave felonies
2) complex crime proper - offense is a necessary means for committing other

Question 3

Requisites of compound crime

Answer 3

1) That only a single act is performed by the offender

2) That the single act produces:
(a) two or more grave felonies
(b) one or more grave AND one or more less grave felonies
(c) two or more less grave felonies

Question 4

Complex crime is applicable to..

Answer 4

crimes through negligence

Question 5

Requisites of complex crime proper

Answer 5

1) That at least two offenses are committed
2) That one or some of the offenses must be necessary to commit the other
3) That both or all the offenses must be punished under the same statute

Question 6

No complex crime when…

Answer 6

one offense is committed to CONCEAL the other

Question 7

Plurality of crimes

Answer 7

consists in the SUCCESSIVE EXECUTION by the SAME individual of different criminal acts upon any of which no conviction has yet been declared

Question 8

2 kinds of plurality of crimes

Answer 8

1) formal or ideal plurality - one criminal liability

2) real or material plurality - different crimes

Question 9

continued (continuous or continuing) crime

Answer 9

a SINGLE CRIME consisting of a SERIES OF ACTS but all arising from ONE CRIMINAL RESOLUTION

it is NOT a complex crime

Question 10

continuing offense

Answer 10

continuous, unlawful act or series of acts set on foot by a single impulse and operated by an unintermittent force, however long a time it may occupy

Question 11

organized or syndicated group

Answer 11

group of 2 or more persons collaborating, confederating or mutually helping for purposes of gain

Question 12

Requisites of habitual delinquency

Answer 12

1) That the offender had been convicted of any of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification
2) That after that conviction or after serving his sentence, he again committed, and within 10 years from his release or first conviction, he was again convicted of any of the said crimes for the 2nd time
3) That after his conviction of, or after serving sentence for the second offense, he again committed, and within 10 years from his last release or last conviction, he was again convicted of any of the said offenses, the 3rd time or oftener.