Philippine Criminal Law (Book 1) Flashcards

1
Q
  • that branch of public law
    which defines crimes treats of their nature
    and provides for their punishment.
A

Criminal Law

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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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3
Q

an act or omission punishable by

the Revised Penal Code

A

Felony

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4
Q

punishable by Special laws.

A

Offense

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5
Q

violation of city or municipal

ordinances.

A

Infraction

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6
Q

known as the Revised

Penal Code

A

Act 3815

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7
Q

Sources of Criminal Law

A
  1. RPC
  2. Special Penal Law
  3. Presidential Decrees
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8
Q

the body of
principles, usages and rules of actions which
do not result from the express act of the
legislature. There is no such crime in the
Philippines.

A

Common law crimes

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9
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; it may also be 
defined as a law which aggravates a 
crime, or makes it greater than it was, 
when committed
A

Ex post facto law

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10
Q

a law which

inflicts punishment without trial

A

Bill of attainder

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11
Q
The law must be fair 
and reasonable and the accused 
must be given the opportunity to be 
heard and be accorded the rights to 
which he is entitled.
A

No person shall be deprived of life,
liberty or property without due
process of law

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12
Q

an act done by me against

my will is not my act.

A

ACTUS ME INVITO FACTUS NON EST

MEUS ACTUS

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13
Q

there is no crime if there is no law

punishing it.

A

NULLUM CRIMEN NULLA POENA SINE

LEGE

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14
Q

an act cannot be criminal when the

mind is not criminal.

A

ACTUS NON FACIT REUM, NISI MENS SIR

REA

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15
Q

criminal law is binding on all
persons who live or sojourn in the
Philippines.

A

General

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16
Q

criminal laws are
applicable only if the crime is
committed within Philippine territory.

A

Territorial

17
Q

Exceptions: Generality

A
• As provided by Treaty Stipulations –
PR-VFA Agreements
• As provided by laws of preferential 
application
• Persons who are exempt because of 
certain principles of international laws
18
Q

Exceptions: Extraterritoriality

A
Exceptions: Extraterritoriality
• When the offender shall commit an 
offense on a Philippine ship or airship.
• When the offender should forge or 
counterfeit any coin or currency note 
of the Philippines or obligations and 
securities issued by the Philippine 
government.
• When the offender should be liable 
for the acts connected with the 
introduction into the Philippines of the 
obligations and securities mentioned 
in number two.
• When the offender who is a public 
officer or employee abroad shall 
commit an offense in the exercise of 
his functions.
• When the offender should commit an 
offense against the national 
securities and the laws of nations
19
Q

criminal law cannot
make an act punishable in a manner
in which it was not punishable when
committed.

A

Prospective