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criminal law book 2 > prelms > Flashcards

prelms Flashcards

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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
Q

acts punshable by art 117

A

prohbted obtaning info afffectng natonal defense
disclosing info that may affect natonal deffense

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26
Q

ART 118

A

inciting to war or giving motives for reprisals

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27
Q

ART 118 is in tme oof peace only

A

true

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28
Q

you cant incite war when there is already war

A

true

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29
Q

art 11eight can be commtted by any person

A

true

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30
Q

Reprisal can be economic and not limited to mltary action

A

true

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31
Q

art 119 violation of neutrality if offender is public offfcall

A

true

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32
Q

elemtn of 199if there is a war whch PH is not involved

A

true

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33
Q

defined as a nation or soveregn whch taes no part n a contest of arms gong on betwween other natons or sovergn

A

neutral state

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34
Q

art 120 is commtted when/???

A

in times of war

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35
Q

art 120

A

correspondence w/ hostile ccountry

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36
Q

correspondence in art 120 means ?

A

any form of communication is prohibited

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37
Q

offender makes correspondence w an enemy country or territory occupied by enemy troops

A

2nd element of art120

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38
Q

correspondence when prohibited by yhe gov penalty

A

prision correctional

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39
Q

correspondence when carried on in ciphers or conventional signs penalty

A

prision mayor

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40
Q

correspondence when containing notice or info which might be useful to enemy penalty

A

reclusion temporal

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41
Q

what is art 121

A

flight to enemys country

42
Q

what will be charged when attempting to flee the country to an enemy country

A

article 121 flight to enemys country

43
Q

art 121 is consumated

A

true

44
Q

robbery or forcible depredstion on the high seas without lawful authority and done w animusfurandi and in the spirit and intention of universal hostility

A

piracy

45
Q

it means intent to gain

A

animus furandi

46
Q

animus furandi is usually crime against what

A

property

47
Q

art 122

A

piracy in general and mutiny on the high sea or in PH waters

48
Q

unlawful resistance to superior or the raising of commotion and disturbance on board a ship against authority of its commander

A

mutiny

49
Q

any water on the sea coastwhich are without the boundaries of LOW WATER MARK

A

high seas

50
Q

high seas is not included in the exclusive economic zone

A

true

51
Q

mutiny cannot be committed ny people outside the ship

A

true

52
Q

law that can commit piracy in ph water

A

PD 532 ANTI PIRACY AND ANTI HIGHWAY ROBBERY LAW OF 1974

53
Q

this law punishes thr act aiding or abetting piracy

A

pd 532

54
Q

it is committed sa ph low highway (robbery)

A

brigandage

55
Q

art 123

A

qualified piracy

56
Q

what qualifies piracy

A

seizing the vessel
leaving the victims without any means of saving themselves
accompanied by murders rape homicide physical inuries

57
Q

what qualifies mutiny

A

first and two like sa piracy

58
Q

RA 6235 ANTI HIGHJACKING LAW when committed

A

inflight

59
Q

it means all doors of plane is closed and will omly open for disembarking

A

INFLIGHT

60
Q

foreign aircraft dont need to be INFLIGHT to be hijacked

A

true

61
Q

RA 6235 ANTI HIJACKING LAW forms

A

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
Q

authorized to perfrom an arrest on art 124

A

military
jail warden
police

63
Q

any public officer without legal grounds shall detain a person will be charged of ??

A

ART 124 ARBITRARY DETENTION

64
Q

when can a person be detained base on 124

A

committed crime
violent insanity
may illness that can endanger the whole populace

65
Q

without warrant of arrest when arresting,public officers will be charged of

A

124

66
Q

what gives law enforcement the authority to arrest

A

warrant of arrest

67
Q

tanggalan ng libery

A

detain

68
Q

confine to prevent doing more harm

A

arrest

69
Q

when is it ok to arrest without a warrant??

A

escapee from prison, detention facilities
caught in act
personal knowledge that they committed crime

70
Q

what is in flagrante delicto

A

caught in act

71
Q

art 125 12 hours penalty

A

light (arresto menor)

72
Q

art 125 18 hrs penalty

A

correctional

73
Q

125 , 36 hrs penalty

A

afflictive/capital punishment

74
Q

any officer/detainee person delays to bring at detention facilities will be charged of ___

A

125 delay in the delivery of the detention

75
Q

delivery delay on article 125 can be a person or filing of proper charges in court

A

true

76
Q

destierro is a penalty not a crime

A

true

77
Q

how to file proper charge in court (chartered cities)

A

filed before the office of the prosecutor

78
Q

how to file proper charge in court (provinces)

A

needs preliminary investigation

79
Q

how to determine if the case can preliminary investigation?

A

punishment of the crime is 4:2:1 more than. then proceeds to prosecutor

80
Q

if the crime committed is punishable by less than 4:2:1 you file it directly where

A

municipal trial court

81
Q

what is article 125

A

warrantless arrest

82
Q

it is applicable if arrest is persuant to a warrant

A

warrantless arrest

83
Q

it is the right of the accused to have his case a probable cause

A

preliminary investigation

84
Q

how many days is preliminary investigation

A

30days

85
Q

if the accused wants a PI he must sign a waiver na madetain sya. if want lumabas he must what?

A

bail

86
Q

warrantless arrest have the authority to detain

A

true

87
Q

124 arbitrary detention have no reason to detain

A

true

88
Q

it is an exemption sa article 125

A

insuperable cause

89
Q

what are the factors for insuperable cause

A

time
distance

90
Q

article 126 delaying release is committed by

A

jail warden and jailers

91
Q

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

A

ART126 DELAYING RELEASE

92
Q

forms of expulsion

A

expel fro the ph
compel person to change residency

93
Q

who only has the authority to expel a person from the ph/compel person to change residency?

A

court

94
Q

127 expulsion is committed by ?

A

Public officer

95
Q

it is prohibiting a person from the city

A

persona non grata

96
Q

foreigners can be expel from the ph by president

A

true

97
Q

3 forms of 128 violation of domicile

A

against the will
searching dwelling without consent
refusal to leave the dwelling

98
Q

warrantless search is valid if

A

incidental to a valid arrest (kapkapan)
checkpoints vehicle

99
Q

moving vehicle is for visual searches only

A

true

100
Q

2 kinds of 129

A

> illegally procuring search warrant without cause (not proper proceds)
have proper process/valid warrant but execution was illegal manner

101
Q

article 129

A

search warrants maliciously obtained and abuse in the service of those legally obtained

criminal law book 2 (2 decks)

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