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LMGCRIM midterms > PPT2 - Article 6 to 10 > Flashcards

PPT2 - Article 6 to 10 Flashcards

1
Q

MATERIAL CRIMES

A

has 3 stages of execution (not one single act) - AFC (attempted, frustrated, consummated)

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2
Q

FORMAL CRIMES

A
  • crimes that are consummated in one instance and thus do not admit of stages (physical injuries, false testimonies, perjury, oral defamation, slander)
  • consummated by mere attempt or proposal/ overt act
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3
Q

OVERT ACT

A

is an act that is performed to execute the criminal intention and will naturally achieve that result unless prevented by some external cause or voluntary resistance of perpetrator

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4
Q

ARTICLE 6: ATTEMPTED FELONY

A
  • the offender is still in the subjective stage because he has not performed all the acts necessary for its accomplishment.
  • still has control as he may or may not continue his overt acts.
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5
Q

ARTICLE 6: FRUSTRATED FELONY

A

offender performs all the acts of execution which would produce the felony as a consequence but do not produce it by reason of causes independent of the will of the perpetrator
- inflicts mortal wound but victim does not die

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6
Q

ARTICLE 6: CONSUMMATED FELONY

A

when all the elements necessary for its execution and accomplishment are present, not stopped by own spontaneous desistance

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7
Q

SPONTANEOUS DESISTANCE

A
  • act of would-be offender in not pursuing the performance of all the acts of execution
  • a defense = one who takes part in planning a criminal act but desists in its actual commission is exempt from criminal liability, desistance may be through fear or remorse
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8
Q

PREPARATORY ACTS

A
  • acts which may or may not lead to the commission of a concrete crime
  • ordinarily not punishable except when considered by law as independent crimes (possession of picklocks)
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9
Q

ARTICLE 8: CONSPIRACY

A

exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it

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10
Q

ARTICLE 8: PROPOSAL

A

when one decides to commit a felony but proposes its execution to another

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11
Q

ARTICLE 8: GENERAL RULE AND EXCEPTION

A

general rule
- there are still preparatory acts, and are therefore not punishable

exception
- when there is a specific provision or law punishing a specific kind of proposal or conspiracy

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12
Q

ARTICLE 8: CRIMES/ NO CRIME

A 
Conspiracy + Law = Crime
Proposal + Conspiracy = No Crime
Proposal + Law = Crime
Proposal + Conspiracy + Law = Resulting crime of proposal/conspiracy
nullum crimen nulla poena sine lege
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13
Q

ARTICLE 7: CONSUMMATED LIGHT FELONIES

A
  • general rule = light felonies are only punishable when they are consummated
  • reason for the general rule = light felonies produce light and insignificant moral and material injuries, that public conscience is satisfied with providing light penalty
  • punishment = arresto menor (imprisonment for 1-30 days or a fine not exceeding P200, or both is provided)
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14
Q

ARTICLE 7: CRIMES AGAINST PERSONS/ PROPERTIES

A
  • exception = light felonies committed against person or properties are punishable even if it is attempted or frustrated
  • reason for exception = commission of felonies presupposes in the offender moral depravity
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15
Q

ARTICLE 9: IMPORTANCE OF CLASSIFICATION

A

(1) to determine whether the felonies can be complexed or not
(2) to determine the prescription of the crime and the felony

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16
Q

ARTICLE 9: GRAVE FELONIES

A

are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive.
- afflictive penalties = 6 years and 1 day - reclusion perpetua

17
Q

ARTICLE 9: LESS GRAVE FELONIES

A

are those which the law punishes with penalties which in their maximum period are correctional.
- corrcetional penalties = 1 month and 1 day - 6 years

18
Q

ARTICLE 9: LIGHT FELONIES

A

are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos, is provided.
- arresto menor = 1-30 days

19
Q

ARTICLE 9: EXCEPTION

A

where the felony is only light, only the principal and accomplice are liable, the accessory is not

20
Q

ARTICLE 10: SUPPLETORY APPLICATION OF THE RPC

A
  • finds relevance only when the provisions of special law are silent on a particular manner
  • supplementary to special laws in cases of doubt/ lacking in interpretation provided by the special law
  • lex specialis derogant generali = special legal provisions prevail over general ones
21
Q

ARTICLE 10: ACTS PUNISHED

A
  • offenses under special laws are not subject to the provisions of RPC relating to attempted and frustrated crimes
  • Article 10 is not applicable to punish an accomplice under the special law
22
Q

ARTICLE 10: EXCESSIVE PENALTY

A
  • The court after trial shall find the accused guilty
  • The penalty provided by law and which the court imposes for the crime committed appears to be clearly excessive because (a) the accused acted with lesser degree of malice, and/or (b) there is no injury or the injury caused is of lesser gravity
  • The court should not suspend the execution of the sentence
  • The judge should submit a statement to the Chief Executive, through the Secretary of Justice, recommending executive clemency
23
Q

EXECUTIVE CLEMENCY

A

power to pardon a person convicted of a crime, commute the sentence (shorten it, often to time already served), or reduce it from death to another lesser sentence

24
Q

PROXIMATE CAUSE

A

the cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury without which the result would not have occurred.

25
Q

DIRECT, NATURAL, AND LOGICAL SEQUENCE OF A FELONY

A

requisites

  • felony was intentionally committed
  • felony is the proximate cause of the wrong done
26
Q

MISTAKE IN IDENTITY/ ERROR IN PERSONAE

A

injuring one person who is mistaken for another

27
Q

MISTAKE IN BLOW/ ABBERATIO ICTUS

A

hitting somebody other than the target due to lack of skill or fortuitous instances

28
Q

INJURY IS GREATER THAN INTENDED/ PRAETER INTENTIONEM

A

causing injury greater than intended or expected

29
Q

EFFICIENT INTERVENING CAUSE

A

not produced by a wrongful act or omission, but independent of it, and adequate to bring the injurious results.

30
Q

EXCEPTIONS TO EFFICIENT INTERVENING CAUSE

A
  1. The weak or diseased physical condition of the victim
  2. The nervousness or temperament of the victim.
  3. Causes that are inherent in the victim (not knowing how to swim, addicted to tuba drinking).
  4. Neglect of the victim or third person, such as the refusal of medical assistance.
  5. Erroneous or unskillful medical or surgical treatment.
  6. Delay in the medical treatment of the victim.
31
Q

CAUSE AND EFFECT RELATIONSHIP

A

defined as the actus reus (an action) from which the specific injury or other effect arose and is combined with mens rea (a state of mind) to comprise the elements of guilt.

LMGCRIM midterms (16 decks)

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