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Requisites Flashcards

0
Q

Requisites of DOLO or MALICE

A

1) Freedom
2) Intelligence
3) Intent

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1
Q

Elements of Felonies

A

1) there must be an ACT or OMISSION
2) that the act or omission must be punishable by the REVISED PENAL CODE
3) that the act is performed or the omission incurred by means of DOLO or CULPA

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2
Q

Requisites of Mistake of Fact as a defense

A

1) act done would have been lawful had the facts been as the accused believed them to be
2) the intention of the accused in performing the act should be lawful
3) mistake must be without fault or carelessness on the part of thr accused

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3
Q

Requisites of Fault or Culpa

A

1) Freedom
2) Intelligence
3) Imprudent, Negligent or Lacks foresight or Skill

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4
Q

Requisites of Art 4, par. 1 (criminally liable for a felony different from that which he intended to commit)

A

1) that an intentional felony has been committed
2) that the wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed by the offender

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5
Q

Requisites of impossible crime

A

1) That the act performed would be an offense against persons or property
2) that the act was done with evil intent
3) that its accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual
4) that the act performed should not constitute a violation of another provision of the RPC

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6
Q

Requisites of acts not yet covered by law (Art. 5)

A

1) The act committed by the accused appears not punishable by any law
2) But the court deems it proper to repress such act
3) Court must render proper decision by dismissing the case and acquitting the accused
4) Report to Chief Executive through Secretary of justice, stating reasons which induce him to believe that said act should be made subject of penal legislation

“there is no crime if there is no law that punishes the act”

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7
Q

Requisites of excessive penalties (Art. 5)

A

1) Court after trial finds accused guilty
2) Penalty provided by law appears to be clearly excessive
- - accused acted with lesser degree of malice and/or
- - there is no injury or the injury caused is of lesser gravity
3) The court should not suspend the execution of the sentence
4) The judge should submit a statement to the chief executive, recommending executive clemency.

“dura lex, sed lex”

EXCEPTION:

1) Penalties are not excessive…When intended to enforce a public policy
2) No application to offenses defined and penalized by a special law
3) Not applicable to crimes involving mala prohibita

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8
Q

Elements of attempted felony

A

1) Offender COMMENCES the commission of the felony directly by OVERT ACTs
2) DOES NOT perform all the acts of execution which should produce the felony
3) Offender’s act is NOT STOPPED BY HIS OWN SPONTANEOUS DESISTANCE
4) Non-performance of all acts of execution was due to CAUSE or ACCIDENT OTHER THAN his spontaneous desistance

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9
Q

Requisites of overt acts

A

1) There be external acts

2) Such external acts have DIRECT CONNECTION with the crime intended to be committed

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10
Q

Elements of Frustrated Felony

A

1) Offender performs all the acts of execution
2) All the acts performed would produce the felony as a consequence
3) The felony is not produced
4) By reason of causes independent of the will of the perpetrator

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11
Q

Requisites of conspiracy

A

1) 2 or more persons came to an agreement
2) agreement concerned the commission of the felony
3) execution of the felony be decided upon

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12
Q

Requisites of proposal

A

1) A person has decided to commit a felony

2) he proposes its execution to some other person or persons

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13
Q

Requisites of self-defense

A

1) unlawful aggression
2) reasonable necessity of the means employed
3) lack of sufficient provocation on the part of the person defending himself

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14
Q

Requisites of necessity of the means employed…

A

1) there is necessity of the course of action taken by the person making a defense
2) there is necessity of the means used

Both must be reasonable

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15
Q

Requisites of defense of relatives

A

1) unlawful aggression
2) reasonable necessity of the means employed to prevent or repel it
3) IN CASE provocation was given by person attacked, the one making the defense had NO part therein

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16
Q

Requisites of defense of a stranger

A

1) unlawful aggression
2) reasonable necessity of the means employed to prevent or repel it
3) The person defending be not induced by revenge, resentment, or other evil motive

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17
Q

Requisites of avoidance of an evil or injury

A

1) evil sought to be avoided actually exists
2) injury feared be greater than that done to avoid it
3) no other practical and less harmful means of preventing it

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18
Q

Requisites of Fulfillment of Duty or Lawful exercise of right or office

A

1) Accused acted in performance of a duty or in lawful exercise of a right or office
2) Injury caused is the NECESSARY CONSEQUENCE OF DUE PERFORMANCE of duty or lawful EXERCISE

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19
Q

Requisites of obedience to order

A

1) an order is issued by superior
2) order must be for some lawful purpose
3) means used by subordinate to carry out said order is lawful

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20
Q

Elements of Paragraph 4, article 12

A

1) Person is performing a lawful act
2) With due care
3) He causes an injury to another by mere accident
4) Without fault or intention of causing it

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21
Q

Elements of IrresistIble force

A

1) That compulsion is by means of physical force
2) Physical force must be irresistible
3) Physical force must come from a 3rd person

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22
Q

Elements of Uncontrollable fear

A

1) The threat which causes the fear is of an evil GREATER than or EQUAL to that which he is required to commit
2) It promises an evil of such GRAVITY and IMMINENCE that the ordinary man would have succumbed to it

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23
Q

Requisites of Uncontrollable fear

A

1) EXISTENCE of an uncontrollable fear
2) Fear must be REAL and IMMINENT
3) Fear of an injury is GREATER than or at least EQUAL to that committed

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24
Q

Elements of Lawful/Insuperable Cause

A

1) an act is required by law to be done
2) a person fails to perform such act
3) his failure to perform such act was due to some lawful or insuperable cause

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25
Q

Requisites of sufficient provocation

A

1) provocation must be sufficient
2) must originate from offended party
3) provocation/threat must be immediate to the act

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27
Q

Requisites of Vindication

A

1) There be a grave offense (need not be a felony/crime) done to the one committing the felony, his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degrees
2) The felony is committed in vindication of such grave offense. Lapse of time is allowed.
* NOT COUNTED SEPARATELY WITH PASSION/OBFUSCATION

28
Q

Requisites of passion

A

1) There be an act, both unlawful (or unjust) and sufficient to produce such a condition of mind
2) said act which produced obfuscation was not far removed from commission of crime by a considerable length of time

Passion/obfuscation must come from LAWFUL SENTIMENTS, not lawlessness or revenge
– exercise of right or performance of duty cannot be proper source of passion/obfuscation

28
Q

Requisites of voluntariness

A

1) acknowledged his guilt OR
2) wishes to save them trouble and expenses incurred in his search and capture

must be spontaneous

29
Q

Requisites of voluntary surrender

A

1) offender has not been actually arrested
2) surrendered himself to a person in authority or to the latter’s agent
3) surrender was voluntary (spontaneous - acknowledged guilt or wish to save them trouble)

30
Q

Requisites of plea of guilty

A

1) offender spontaneously confessed his guilt
2) confession of guilt was made in open court, before the COMPETENT court that is to try the case
3) confession of guilt was made PRIOR to the presentation of evidence for the prosecution

31
Q

Requisites of illness

A

1) illness of the offender must DIMINISH the exercise of his will-power
2) but illness should NOT DEPRIVE him of consciousness of his acts

32
Q

Requisites of contempt or insult to public authorities

A

1) public authority is engaged in exercise of his functions
2) public authority is not the person against whom the crime is committed
3) offenders knows him to be a public authority
4) his presence has not prevented the offender from committing the criminal act

33
Q

Requisites of abuse of confidence

A

1) offended party has trusted the offender
2) offender abused such trust by committing a crime against the offended party
3) abuse of confidence FACILITATED the commission of the crime

34
Q

Requisites of armed men

A

1) Armed men or persons took part in the commission of the crime, directly or indirectly
2) The accused AVAILED himself of their aid or RELIED upon them when the crime was committed

35
Q

Requisites of recidivist

A

1) Offender is on trial for an offense
2) He was previously convicted by final judgment of another crime
3) Both the 1st and 2nd offenses are embraced in the same title of the Code
4) Offender is convicted of the new offense

37
Q

Requisites of Art. 14, Par. 10 (previously punished for an offense to which the law attaches…)

A

1) Accused is on trial for an offense
2) He previously served sentence for another offense to which the law attaches an equal or greater penalty, or for 2 or more crimes to which it attaches lighter penalty than that for the new offense
3) He is convicted of the new offense

38
Q

Requisites of evident premeditation

A

1) The time when the offender determined to commit the crime
2) An act manifestly indicating that the culprit has clung to his determination
3) A sufficient lapse of time between the determination and execution, to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will

39
Q

Elements of a band

A

1) At least 4 malefactors

2) All of the four malefactors are armed

40
Q

Elements of treachery

A

1) Applicable only to crimes against the person
2) Means, methods or forms need not insure accomplishment of crime
3) The mode of attack must be consciously adopted

41
Q

Requisites of treachery

A

1) At the time of the attack, the victim was…Not in a position to defend himself
2) The offender consciously adopted the particular means, method or form of attack employed by him

41
Q

Requisites of intoxication as mitigating

A

1) at the time of the commission of the criminal act, he has taken such quantity of alcoholic drinks as to BLUR HIS REASON and DEPRIVE him of a certain degree of CONTROL
2) such intoxication is NOT HABITUAL, or SUBSEQUENT to the plan to commit the felony

43
Q

Requisites of cruelty

A

1) That the injury caused be deliberately increased by causing other wrong
2) That the other wrong be unnecessary for the execution of the purpose of the offender

44
Q

Requisites of principal by inducement

A

1) That the inducement be made directly WITH THE INTENTION of procuring the commission of the crime
2) That such inducement be the DETERMINING CAUSE of the commission of the crime by the material executor

45
Q

Requisites for principal by direct participation

A

1) That they PARTICIPATED in the CRIMINAL RESOLUTION
2) That they carried out their plan and PERSONALLY TOOK PART in its execution by acts which DIRECTLY TENDED TO THE SAME END

46
Q

Requisites for person using words of command to be liable as principal by inducement

A

1) That the one uttering the words of command must have the intention of procuring the commission of the crime
2) That the one who made the command must have an ASCENDANCY or INFLUENCE over the person who acted
3) That the words used must be SO DIRECT, SO EFFICACIOUS, SO POWERFUL as to amount to PHYSICAL or MORAL COERCION
4) The words of command must be uttered PRIOR to the commission of the crime
5) The material executor of the crime HAS NO PERSONAL REASON to commit the crime

46
Q

Requisites to be considered an accomplice

A

1) That there be COMMUNITY OF DESIGN, that is KNOWING THE CRIMINAL DESIGN of the principal by direct participation, he CONCURS with the latter in his purpose
2) That he cooperates in the execution of the offense by PREVIOUS or SIMULTANEOUS ACTS, with the intention of supplying MATERIAL or MORAL AID in the execution of the crime in an efficacious way
3) That there be RELATION between the acts done by the principal and those attributed to the person charged as accomplice

47
Q

Requisites of public officers as accessories

A

1) The accessory is a public officer
2) He harbors, conceals, or assists in the escape of the principal
3) The public officer acts with abuse of his public functions
4) The crime committed by the principal is any crime, provided it is not a light felony

49
Q

Requisites of public officers as accessories

A

1) The accessory is a public officer
2) He harbors, conceals, or assists in the escape of the principal
3) The public officer acts with abuse of his public functions
4) The crime committed by the principal is any crime, provided it is not a light felony

49
Q

Requisites of compound crime

A

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

51
Q

Requisites of compound crime

A

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

52
Q

Requisites of complex crime proper

A

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

52
Q

Elements of prescription of penalties

A

1) That the penalty is imposed by FINAL sentence
2) That the convict EVADED the service of the sentence by escaping during the term of his sentence
3) That the convict who escaped from prison HAS NOT given himself up, or been captured, or gone to a foreign country with which we have no extradition treaty, or committed another crime
4) That the penalty has PRESCRIBED, because of the lapse of time from the date of the evasion of the service of the sentence by the convict

53
Q

Requisites of habitual delinquency

A

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.

54
Q

Elements of prejudicial question

A

1) civil action involves an issue similar or intimately related to the issue raised in the criminal action
2) the resolution of such issue determines WON the criminal action may proceed

  • Prejudicial question must be DETERMINATIVE of the case before the court
  • Jurisdiction to try said question must be lodged in another tribunal
55
Q

Elements of subsidiary civil liability of innkeeper

A

1) That the innkeeper, tavernkeeper or proprietor of establishment or his employee committed a violation of municipal ordinance or some general or special police regulation
2) That a crime is committed in such inn, tavern, or establishment
3) That the person criminally liable is INSOLVENT

56
Q

Elements of subsidiary civil liability for goods taken by robbery or theft

A

1) The guests NOTIFIED IN ADVANCE the innkeeper or the person representing him of the DEPOSIT OF THEIR GOODS within the inn or house
2) The guests FOLLOWED THE DIRECTIONS of the innkeeper or his representative with respect to the CARE OF and VIGILANCE OVER such goods
3) Such goods of the guests lodging therein were taken by ROBBERY WITH FORCE UPON THINGS or THEFT committed within the inn or house

57
Q

Elements of subsidiary civil liability of other persons in industry

A

1) The employer, teacher, person, or corporation is engaged in any kind of INDUSTRY
2) Any of their servants, pupils, workmen, apprentices or employees commits a felony WHILE IN THE DISCHARGE OF HIS DUTIES
3) The said employee is INSOLVENT and has not satisfied his civil liability

58
Q

Requisites of nighttime, uninhabited place or band

A

1) When it FACILITATED the commission of the crime
2) When ESPECIALLY SOUGHT for by the offender
3) When the offender TOOK ADVANTAGE of it

59
Q

Alternative Circumstances

A

1) relationship
2) intoxication
3) degree of instruction/education

60
Q

For intoxication to be mitigating

A

1) at time of commission of criminal act, he has taken such quantity of alcoholic drinks as to BLUR HIS REASON and DEPRIVE him of a certain degree of CONTROL
2) such intoxication is NOT HABITUAL/SUBSEQUENT to plan
* not mitigating if he was AWARE OF EVERYTHING

61
Q

Who is disqualifiied for ISL?

A

1D2P2 THEM

62
Q

Disqualified for probation

A

asdas

63
Q

Total Extinguishment of Criminal Liability

A

DSP3 AM

64
Q

Partial Extinction of criminal liability

A

C2 A P2

65
Q

Extinguishment of civil liability

A

PC3 NO

Crim (15 decks)

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