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criminal law book 2 > prelms > Flashcards

prelms Flashcards

1
Q

breach of allgance to the government by a person who owes alligance to t

A

114 treason

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2
Q

penalty imposed n treason

A

recluson perpetua for prncpall

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3
Q

residence alien can be an ooffender of treason

A

true

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4
Q

there must be a war where ph s involved for it to be treason

A

true

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5
Q

offender either levies war aganst the gov and adheres to the enemies gvng them aid/ccomfort wthn the ph

A

true

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6
Q

frst form of commtng treason must the ___ be applied

A

two witness rule

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7
Q

resident alien has temp. aLLlglance

A

true

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8
Q

no person shall be convcted of decison unless the testmony of two wtness atleast to the same overtact or confesson of the accused n open courrt

A

two wtness rule

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9
Q

treason is a warr crime

A

true

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10
Q

is an act of overthroowngg the govertnemt by any violent means

A

levying war

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11
Q

treason musst be voluntaryy

A

true

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12
Q

when in tme of war two or more persons come to an agreement to levy war aganst the gov or adhere aid to enemy

A

115 conspiracy and proposal to commit treason

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13
Q

115 conspiracy and proposal to commit treason must be voluntary

A

true

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14
Q

means you can arrest even if the crime s over

A

continuing crime

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15
Q

only in treason has the law punshng CONSPiRACY only

A

true

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16
Q

TWR is not applcable on art.115

A

true

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17
Q

art 116 do not apply to resdent aliens

A

true

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18
Q

offender of misprision of treason must owe allgance to the govt

A

true

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19
Q

u must have nowledge of any conspiracy to commt treason aganst the govt

A

true

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20
Q

conceals or does not dsclose ASAP to the authorty wll be charged of art 116

A

true

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21
Q

offender on 116 us an accesory of treason and a PRNCPAL of 116

A

true

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22
Q

offfense of gatherng transmttng or losng nfo respectng the natonal defense w intent or reason to believe that the info s to be used to the injury of the RPH OR TO THE ADVANTAGE OF FOREiGN COUNTRY

A

ART 117 ESPiONAGE

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23
Q

ART 117 in time of war or in peace

A

true

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24
Q

aggravatng circumstances if offenders are Filipino and public offcals

A

true

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25
acts punshable by art 117
prohbted obtaning info afffectng natonal defense disclosing info that may affect natonal deffense
26
ART 118
inciting to war or giving motives for reprisals
27
ART 118 is in tme oof peace only
true
28
you cant incite war when there is already war
true
29
art 11eight can be commtted by any person
true
30
Reprisal can be economic and not limited to mltary action
true
31
art 119 violation of neutrality if offender is public offfcall
true
32
elemtn of 199if there is a war whch PH is not involved
true
33
defined as a nation or soveregn whch taes no part n a contest of arms gong on betwween other natons or sovergn
neutral state
34
art 120 is commtted when/???
in times of war
35
art 120
correspondence w/ hostile ccountry
36
correspondence in art 120 means ?
any form of communication is prohibited
37
offender makes correspondence w an enemy country or territory occupied by enemy troops
2nd element of art120
38
correspondence when prohibited by yhe gov penalty
prision correctional
39
correspondence when carried on in ciphers or conventional signs penalty
prision mayor
40
correspondence when containing notice or info which might be useful to enemy penalty
reclusion temporal
41
what is art 121
flight to enemys country
42
what will be charged when attempting to flee the country to an enemy country
article 121 flight to enemys country
43
art 121 is consumated
true
44
robbery or forcible depredstion on the high seas without lawful authority and done w animusfurandi and in the spirit and intention of universal hostility
piracy
45
it means intent to gain
animus furandi
46
animus furandi is usually crime against what
property
47
art 122
piracy in general and mutiny on the high sea or in PH waters
48
unlawful resistance to superior or the raising of commotion and disturbance on board a ship against authority of its commander
mutiny
49
any water on the sea coastwhich are without the boundaries of LOW WATER MARK
high seas
50
high seas is not included in the exclusive economic zone
true
51
mutiny cannot be committed ny people outside the ship
true
52
law that can commit piracy in ph water
PD 532 ANTI PIRACY AND ANTI HIGHWAY ROBBERY LAW OF 1974
53
this law punishes thr act aiding or abetting piracy
pd 532
54
it is committed sa ph low highway (robbery)
brigandage
55
art 123
qualified piracy
56
what qualifies piracy
seizing the vessel leaving the victims without any means of saving themselves accompanied by murders rape homicide physical inuries
57
what qualifies mutiny
first and two like sa piracy
58
RA 6235 ANTI HIGHJACKING LAW when committed
inflight
59
it means all doors of plane is closed and will omly open for disembarking
INFLIGHT
60
foreign aircraft dont need to be INFLIGHT to be hijacked
true
61
RA 6235 ANTI HIJACKING LAW forms
seizing control of ph aircraft while inflight sabi land sa any part of ph territory carrying or loading any flammable corrosive posionous substance loading shipping or transporting
62
authorized to perfrom an arrest on art 124
military jail warden police
63
any public officer without legal grounds shall detain a person will be charged of ??
ART 124 ARBITRARY DETENTION
64
when can a person be detained base on 124
committed crime violent insanity may illness that can endanger the whole populace
65
without warrant of arrest when arresting,public officers will be charged of
124
66
what gives law enforcement the authority to arrest
warrant of arrest
67
tanggalan ng libery
detain
68
confine to prevent doing more harm
arrest
69
when is it ok to arrest without a warrant??
escapee from prison, detention facilities caught in act personal knowledge that they committed crime
70
what is in flagrante delicto
caught in act
71
art 125 12 hours penalty
light (arresto menor)
72
art 125 18 hrs penalty
correctional
73
125 , 36 hrs penalty
afflictive/capital punishment
74
any officer/detainee person delays to bring at detention facilities will be charged of ___
125 delay in the delivery of the detention
75
delivery delay on article 125 can be a person or filing of proper charges in court
true
76
destierro is a penalty not a crime
true
77
how to file proper charge in court (chartered cities)
filed before the office of the prosecutor
78
how to file proper charge in court (provinces)
needs preliminary investigation
79
how to determine if the case can preliminary investigation?
punishment of the crime is 4:2:1 more than. then proceeds to prosecutor
80
if the crime committed is punishable by less than 4:2:1 you file it directly where
municipal trial court
81
what is article 125
warrantless arrest
82
it is applicable if arrest is persuant to a warrant
warrantless arrest
83
it is the right of the accused to have his case a probable cause
preliminary investigation
84
how many days is preliminary investigation
30days
85
if the accused wants a PI he must sign a waiver na madetain sya. if want lumabas he must what?
bail
86
warrantless arrest have the authority to detain
true
87
124 arbitrary detention have no reason to detain
true
88
it is an exemption sa article 125
insuperable cause
89
what are the factors for insuperable cause
time distance
90
article 126 delaying release is committed by
jail warden and jailers
91
it is imposed upon any public officer who delays for the period of time specified therein the performance of any judicial or executive order for the release of a prisoner
ART126 DELAYING RELEASE
92
forms of expulsion
expel fro the ph compel person to change residency
93
who only has the authority to expel a person from the ph/compel person to change residency?
court
94
127 expulsion is committed by ?
Public officer
95
it is prohibiting a person from the city
persona non grata
96
foreigners can be expel from the ph by president
true
97
3 forms of 128 violation of domicile
against the will searching dwelling without consent refusal to leave the dwelling
98
warrantless search is valid if
incidental to a valid arrest (kapkapan) checkpoints vehicle
99
moving vehicle is for visual searches only
true
100
2 kinds of 129
> illegally procuring search warrant without cause (not proper proceds) > have proper process/valid warrant but execution was illegal manner
101
article 129
search warrants maliciously obtained and abuse in the service of those legally obtained

criminal law book 2 (2 decks)

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