RPC Book 1 Flashcards

Question

RPC Book 1 Lawful or Insuperable cause - EC 3req

Answer 1

1. act is REQUIRED by law 2. the person FAILS to perform such act 3. his failure was due to an insuperable/overwhelming cause

Answer 2

Generic/Ordinary MC - can be offset by an aggravating circumstance - if not offset, penalty is reduced to the Minimum period if penalty is divisible Privileged MC - can NOT be offset by any aggravating circumstance - penalty is reduced by one Degree but in case of minority, at least 2 degrees Special MC - can NOT be offset by any AC - penalty to impose is that of required by law

Answer 3

Privileged Mitigating - achieved if majority of the requisites of circumstance is proven by the accused Generic Mitigating - if not a majority is proven Rule: if a circumstance has only 2 requisites, presence of 1 is a majority Example: Incomplete Self-defense or incomplete defense of relative - mandatory requirement: there is Unlawful Agrression - there is privileged mitigating circumstance if 2 of 3 elements are proven, or if 1 of 2 elements is proven.

Answer 4

Child" refers to a person under the age of eighteen (18) years

Answer 5

The attitude of accused Before, During, & After commission of crime may be considered. The intent may be based on WEAPONS used, PART of body injured and the WAY it was inflicted. Circumstance is appreciated in favor of accused if he committed a crime which he does not intend to commit (Praeter Intentionem)

Answer 6

1. Threat must be PROPORTIONATE to the crime committed 2. Threat originates FROM victim 3. Threat must be IMMEDIATE to the commission of crime Sufficient/Proportionate - depends upon social standing of person provoked, the place & the time the threat was made Threat or provocation must Not be Positively Strong (eg. its accompanied by Act showing the intention of victim to make good of his threats). In this case, its already an unlawful aggression that could give rise to self-defense.

Answer 7

1. grave offense was done to the person committing the crime, his spouse, ascendants, descendants, legitimate or illegitimate or adopted brothers/sisters or relatives by affinity 2. the crime/felony was committed in IMMEDIATE vindication of such grave offense Grave Offense - any ACT that is Offensive to the aggressor or his relatives and the same Need NOT be unlawful, much less a crime punished by RPC A lapse of time is allowed as long as that period due to gravity of the offense influenced the felony inflicted

Answer 8

1. there must be Unlawful act ENOUGHT TO PRODUCE P/O 2. Immediate - the length of time between the crime and this unlawful act that caused Confusion/Obfuscation/Passion is Close enough to mitigate 3. The COP is not motivated by Revenge or illegal motive The grave offense Need Not be iLLegal while in COP, the act must be UNLAWFUL. Lapse of time is allowed in Vindication but in COP, the Unlawful Act must IMMEDIATELY Precede the felony of the person alleging MC

Answer 9

1. offender is Arrested 2. offender Surrenders himself to a PIA person in authority 3. surrender is Voluntary It is voluntary if its spontaneous either because he acknowledged his guilt or wishes to save authorities the trouble for his capture. Despite a PENDING Warrant of arrest, accused may still avail this MC (eg. the WOA was not yet served on him prior to VS)

Answer 10

1. accused Voluntarily Confessed his guilt 2. confession is in Open Court 3. confession is PRIOR to presentation of evidence by prosecution 4. accused Pleaded Guilty to the offense charged

Answer 11

The Revised Penal Code recognizes illness that weakens an offender's willpower as a mitigating circumstance, potentially reducing punishment, like a robber acting under the influence of a severe fever.

Answer 12

Defect must have a Direct Connection to the crime comitted 1. deaf, dumb, blind 2. restricts his means of actions with fellow human beings

Answer 13

Restitution is similar to voluntary surrender but it must be treated separately.

Answer 14

1. Must be ALLEGED in the information & 2. must be PROVEN by prosecution. The quantum of proof required is the same as when proving the guilt of accused - proof beyond reasonable doubt.

Answer 15

A. 1. Generic/Ordinary AC - generally Applicable to ALL crimes such as recidivism & habituality 2. Specific AC - applies Only to specific crimes such as Disregard of rank, age or sex of offended party for crimes against persons or honor; and cruelty as AC applies to crimes against persons 3. Qualifying AC - this ac CHANGES the Nature of crime eg. treachery turns homicide to murder 4. Inherent AC - these ac are a) ELEMENTS of the crime or b) those necessarily ACCOMPANY the commission of crime, or c) those which are crimes in THEMSELVES, such as dwelling ( in trespass to dwelling) or by means of fire (in destructive arson felony) or the abuse of public position (in falsification under RPC) NOTE: this AC has NO EFFECT on accused's criminal liability 5. Special AC - those that arise under Special Conditions to INCREASE the PENALTY of the offense - eg. quasi-recidivism, complex crimes, membership in criminal syndicate B. Offsets: Generic can Be Offset by a MC, Qualifying AC can NOT be Offset by a mitigating circumstance, while Special AC Can NOT be offset by MC Effects: Generic AC if Not Offset, they increase the imposable penalty to the maximum period but should not exceed the limit set by law Qualifying AC gives the crime its Proper & Exclusive Name; penalty is what the law provides. Special AC, the penalty is what the law provides

Answer 16

the public officer must use the influence for his purpose this AC is inherent in a. crimes committed by public officer & b. falsification committed by public officers not AC if accused can commit the crime even without his public position this cannot be offset by MC

Answer 17

1. public authority is in discharge of duties 2. PA is Not the Person against whom the crime is committed 3. offender Knows him to be a public authority 4. PRESENCE of PA did not stop offender from committing the crime If the crime is committed Against the PA, the offender may be guilty of Direct Assault & that contempt of PA is absorbed Teachers are public authority but not in this provision.

Answer 18

Rank - the social condition of offender and victim, with the offender occupying a higher position than victim Age - to be AC, there must be great discrepancy in ages between offender and victim Sex - when victim is Female There must be INTENT to Disregard RAS of the victim

Answer 19

Dwelling is any part of the house including staircase and terrace The law protects the Sanctity of the Home regardless if victim is just a lessee or bedspacer.

Answer 20

Dwelling is Not AC when; a. both offender & victim reside in the same dwelling b. In a) robbery with use of force upon things & b) Trespass to dwelling - Dwelling is not AC due to it being Inherent in the crime c. If the building WHERE crime was committed is not 100% Dwelling

Answer 21

The confidence between the parties must be Immediate & Personal. Its an AC when culprit took advantage of the confidence given by victim.

Answer 22

The offender must have DECIDED to commit the crime in these places In the former, PA should NOT be the Offended party. Also, the crime was committed OUTSIDE the office of PA In the latter, PA may or may not be the offended party. It is committed INSIDE office of PA.

Answer 23

Nighttime - is an AC when crime is done under the cover of DARKNESS Band - is an AC when perpetrators are at LEAST 4 ARMED offenders UP - scene of the crime Provides NO POSSIBILITY of receiving help for the victim NBU by itself are not AC unless any of the ff are present: 1. NBU was taken advantage of by offender 2. NBU was sought to insure IMPUNITY or 3. NBU FACILITATED Commision of crime

Answer 24

Offender must have Taken ADVANTAGE of the CHAOTIC condition in committing the crime This is a Qualifying Circumstance in Murder and Theft

Answer 25

In latter, armed men are Mere ACCOMPLICES while in Band they are PRINCIPALS or Conspirators. In latter Actual aid is NOT necessary because PSYCHOLOGICAL Aid is Enough. In band, members must have PARTICIPATED in the commission of crime.

Answer 26

A - Recidivism B - Habituality ( Reiteracion) C - quasi-Recidivism D - Habitual Delinquency For all 4 - accused was PREVIOUSLY Convicted by FINAL Judgment of a crime and is Convicted AGAIN of another A - in here the previous & current offense must be part of the SAME TITLE in RPC B - previous offense and new conviction Need NOT be under Same Title But both offenses must be punished under RPC C - previous & current conviction he is serving may be from RPC/SPL But Again he commits an offense against RPC while serving D - previous offense for Robbery, Theft, Serious/Less serious PI, Estafa or Falsification Plus the new conviction is from RPC A - Generic AC, can be offset by MC = increase penalty to Max period if not offset B - Generic AC, can be offset by MC = increase penalty to Max period if not offset C - Special AC, can NOT be offset = increase penalty to Max period if not offset D - Extraordinary AC, can NOT be offset = additional penalty is imposed

Answer 27

It should be PRIOR to & In Consideration of the commission of crime Its not AC when offender had OTHER PERSONAL Reasons to commit the crime PRP may be taken in consideration against BOTH inducer and the person induced to commit the crime

Answer 28

This a QUALIFYING circumstance in murder Fire is inherent in crime of Arson Art320 while Explosion is inherent for Ar 324 Destruction If offender with intent to kill, eliminates another by means of fire or explosion - this is murder. If offender with no intent to kill, destroys a property by fire but resulted to a person getting killed - he is guilty of a) Arson with Homicide, a special complex crime or b) destruction with homicide, an ordinary complex crime. Inundation is the use of water in commission of crime.

Answer 29

There is DELIBERATE PLANNING before its execution Prove 1) time accused DETERMINED to commit the crime 2) acts indicating accused SUSTAINED his determination & 3) sufficient LAPSE OF TIME between determination & actual execution No EP when a) attack was from rising tempers or heat of anger b) victim is different from that intended

Answer 30

Craft involves intellectual trickery Fraud is direct inducement by deceptive words Disguise is concealment of identity

Answer 31

Superior strength means inequality of forces between aggressor & victim & advantageous to the former to facilitate the commission of crime

Answer 32

In essence, its the sudden, unexpected, & unforeseen attack on the victim Its ONLY for crimes against Persons Examples 1) if meeting between offender & victim was merely by chance 2) killing done at spur of the moment 3) killing was preceded by curses or taunts or aggression 4) victim gave provocation 5) heated altercation precedes the killing

Answer 33

1) abuse of superior strength 2) craft, fraud or disguise 3) BAnd 4) aid of armed men 5) nighttime 6) means to weaken defense

Answer 34

makes the effects of crime More Humiliating, adds moral suffering to victim

Answer 35

An entrance is effected by a Way NOT intended for the purpose of entry.

Answer 36

Breaking a wall, roof, floor, door, or window is an aggravating circumstance in the Revised Penal Code because it signifies a more forceful and DELIBERATE entry into a place to commit a crime. For example, if a thief sneaks through an unlocked window to steal, it's less serious than breaking down a door to enter the house, indicating a greater intent to commit the crime.

Answer 37

When MV was used a) in going to the place of crime b) in carrying the effects thereof c) in facilitating escape of offender

Answer 38

there must be a showing that accused DELIGHTED in making victim Suffer Slowly, causing Unnecessary Pain to victim

Answer 39

either as a) Generic AC b) Generic MC according to Nature & Effects of crime attending to its commission 1) Relationship 2) Intoxication 3) Degree of Education

Answer 40

offended party - the spouse, ascendant, descendant, legitimate/illegitimate, adopted brother/sister, or relative by affinity in same degree of offender Relationship is inherent in parricide Crimes against Persons - either AC or MC a) AC in -serious PI, Homicide, or Murder -Less serious PI or Slight PI if offended party is relative of HIGHER DEGREE b) MC in - Less Serious PI or Slight PI if offended party is a relative of LOWER Degree Crimes against Property - its a MC Crimes against Chastity - relationship is AC No criminal liability but with Civil Liability if committed by 1) Spouse, ascendant or descendant, or relatives by affinity in same line 2) WIDOWED spouse with respect to property of deceased 3) Brothers Sisters and bro/sis in law if LIVING TOGETHER

Answer 41

MC - if intoxication is 2 NOT Habitual & not INTENTIONAL AC - if intoxication is HABITUAL OR INTENTIONAL Under influence of Drugs is always AC

Answer 42

MC - if with LOW degree of instruction AC - if with HIGH degree of education AND offender used this to commit the crime

Answer 43

Principals > Accomplices > Accessories 1) P are conspirators while Accom & Acces are NOT conspirators 2) Participation - P participates Before, During, & After commission of crime Accom only Before & During Access only AFTER 3) CFA - P and Accomp may be liable for CFA felonies, while Access may ONLY be liable for C & F felonies 4) Penalty - P as prescribed by law, Accomp is 1 degree Lower, Access has 2 degrees lower

Answer 44

1. PDP CONSPIRED in the criminal resolution & 2. PDP PERSONALLY took part in Execution by Direct Acts

Answer 45

1. Violence, Threats or Intimidation - only the inducer is liable as the other person may be under duress. 2. Price, reward or promise - both persons are liable 3. Words of Command - both inducer & induced are liable

Answer 46

1. Inducement made directly to produce the crime 2. inducement is the Cause for committing the crime

Answer 47

1. Inducer had intention to commit the crime 2. He has moral Ascendancy over the other person 3. Words said are Direct & powerful 4. Verbal statements made are PRIOR to commission of crime 5. Material executor had no personal reason to commit the crime

Answer 48

1. PIC joined in the criminal resolution 2. They cooperated in the commission of offense

Answer 49

An accomplice is someone who COOPERATES in the execution of a crime BEFORE OR DURING the acts, but is NOT Considered a principal offender. Here's a breakdown: * **Not a Principal:** Unlike principals who directly commit the crime or directly force others to do it, accomplices play a supporting role. * **Cooperation through Acts:** Their cooperation involves actions, either done beforehand (previous acts) or at the same time (simultaneous acts), that contribute to the crime's execution. EXAMPLES * **Lookout:** Someone who watches for authorities while others commit a robbery. * **Getaway Driver:** A person who drives the getaway vehicle after a crime is committed. * **Supplier:** Someone who provides tools or weapons used in the crime. * **Accomplice in Theft:** A person who helps distract the owner while another steals something. **Remember:** The key distinction is that accomplices ASSIST in the crime, but DON't directly perform the MAIN criminal act.

Answer 50

Principals by IC participates in the criminal resolution (conspiracy). Accomplices- no conspiracy P by IC are AUTHORS of the crime while Accomplices MERELY AGREES to the plan and HELPED in its accomplishment P is indispensable while A is dispensable to the commission of crime.

Answer 51

They have KNOWLEDGE of the commission of crime But Did Not Participate as Principal or Accomplice Because the participation is ONLY any of the following a) PROFITING from effects of crime b) CONCEALING the body of the crime OR c) HARBORING or ASSISTING the escape of the Principal

Answer 52

The crime must not be 1. Light felony or 2. Robbery or Theft - it may be Fencing instead

Answer 53

purpose : To PREVENT discovery of crime in this category - anyone may be liable as accessory provided the crime is NOT Light Felony Corpus Delicti or Body of the crime refers to 1) fact that a crime happened AND 2) a person is liable for that act.

Answer 54

if made by Public Officers - must have abuse public functions if made by Private individuals - if he is a public officer, he did NOT abuse his public function If P has committed a Light Felony, Public officer is liable for "Obstruction of Justice"

Answer 55

Spouse Ascendant Descendant Legitimate / Illegitimate / Adopted Brother or Sister Relative by Affinity within Same Degree

Answer 56

1. Ordinary Complex crimes ( OCC ) - Multiple Murder, Forcible Abduction w Rape, Direct assault w Homicide 2. Special Complex crimes or Composite crimes ( SCC ) - Robbery w Homicide, Rape w Homicide, Kidnapping w Rape, SPL: Carnapping w Rape 3. Continued or continuous crimes ( CoCC) - Theft of 2 or more personal properties from same place & same period of time Commonality: a) 2 or more crimes are ACTUALLY COMMITTED but in the eyes of the law, they constitute Only ONE CRIME. Hence, Only ONE PENALTY is imposed. b) Applicable to RPC & Special law except for OCC which applies ONLY to RPC OCC has 2 types Type 1 - a Single Act constituting 2 or more Grave/Less grave felonies or Type 2 - the Commission of an offense as a NECESSARY MEANS of COMMITTING another crime ( aka Complex Crime Proper) Penalty: use the one for Most SERIOUS offense & in the maximum period SCC - results from DIFFERENT ACTS or that one offense may NOT be NECESSARY for the commission of another crime Penalty: as prescribed by law because the composition of felonies is fixed by law CoCC - Only one CRIMINAL RESOLUTION resulting to SERIES of DIFFERENT ACTS (felonies) Penalty: as prescribed by law

Answer 57

Effects of Pardon by Offended party For Public crimes a) all crimes except those identified as private crimes b) criminal action is NOT Extinguished ( except rape where pardon by offended spouse Extinguish Both criminal & civil liability ) c) civil liability can be extinguished by Express Waiver For Private crimes a) Adultery / Concubinage / Acts of Lasciviousness / Qualified Seduction / Simple seduction / Consented acts of Lasciviousness / Forcible abduction / Consented abduction and Private Libel b) Criminal action is EXTINGUISHED c) civil liability is extinguished by express waiver

Answer 58

It is the Detention of accused WHILE being Prosecuted for a crime, either because A) he is charged of a non-bailable offense or B) if bailable, he cannot put up the required bail Rule: The period DURING which the accused SERVED preventive imprisonment shall be DEDUCTED from the penalty of imprisonment as follows; a) Full Time of Imprisonment - if he agrees in WRITING to ACCEPT Same Rules imposed on Convicted prisoners Except if he is a Recidivist or Convicted twice or more of ANY CRIME b) 4/5 of the preventive imprisonment served - 80% if he does not agree in writing

Answer 59

I. Deprivation of Liberty 1. Gravity 2. Nature II. Fine 1. Afflictive - > 1.2M 2. Correctional - > 40K up to 1.2M 3. Light - 40K or less RP is for crimes in RPC/SPL while LI is only for SPL RP has definite duration - 20Y 1D to 40Y Li - No Definite duration

Answer 60

II. Fine 1. Afflictive - > 1.2M 2. Correctional - > 40K up to 1.2M 3. Light - 40K or less

Answer 61

Penalty >> Duration >> Minimum-Medium-Maximum

Answer 62

If there is one INDIVISIBLE PENALTY - that is to be applied REGARDLESS of any MC or AC Although reclusion perpetua has a Definite duration, it remains to be an indivisible penalty. When its prescribed, its imposed WITHOUT a fixed period for its duration regardless of any MC or AC. Indivisible P – those which do not have fixed duration, like death, reclusion perpetua, perpetual absolute or special disqualification, public censure. Divisible P– those which have a fixed duration and are always divisible into three periods, namely: maximum, medium and minimum, like prision mayor.

Answer 63

Its the penalty of iMPRISONMENT that consists of a RANGE of years (such as five to ten years) and not a fixed time. Mandatory for penalty of imprisonment EXCEEDING 1 year Disqualified offenders: 1. those punished w Death penalty or Li or Reclusion Perpetua 2. when convicted of Treason / Conspiracy or Proposal to commit Treason / Misprision (failure to prevent) of Treason / Rebellion / Sedition / Espionage 3. when convicted of piracy 4. those who Escaped confinement or evaded sentence 5. when accused have Violated terms of conditional pardon granted to them; 6. when Maximum term of imprisonment does NOT go beyond 1 year The sentence for both RPC and SpL should SPECIFY the MAXIMUM & MINIMUM terms of imprisonment. For RPC, the MAX term should be the prescribed penalty after AC/MC while the MIN term should be the Next Lower within the range of penalty For SpL, MAX term of imprisonment must Not Exceed the Prescribed penalty while the MIN term must not be LESS than the prescribed penalty.

Answer 64

PENALTIES 1. Perpetual/Temporary Absolute Disqualification - this may be a Principal penalty or just an Accessory penalty - there will be a Deprivation of Right to HOLD PUBLIC OFFICE, & to VOTE - this is accessory to the penalty of Death, Reclusion Perpetua & Temporal 2. perpetual/temporary SPECIAL Disqualification - may be a principal or an accessory penalty - deprivation of the OFFICE, EMPLOYMENT, or PROFESSION subject matter of the disqualification - deprivation of the Right to VOTE & to be ELECTED to public office - this accessory to the penalty of Prision Mayor 3. Suspension - may be a Principal or Accessory penalty - disqualification to hold OFFICE, PROFESSION, & right to VOTE - accessory penalty of Prision Correccional 4. Civil INTERDICTION - an Accessory penalty - Deprivation of right to a. parental authority b. marital authority c. manage his property but Can only Dispose by Will or Donation d. accessory penalty of Death, Reclusion Perpetual & Temporal 5. Destierro - this is a Principal penalty - convict is PREVENTED to ENTER the Place DESIGNATED or within specified RADIUS of not more than 250 km but NOT LESS than 25 km therefrom

Answer 65

In the Revised Penal Code of the Philippines, pecuniary penalties refer to FINES imposed as punishment for a crime. These are MONETARY SANCTIONS the offender must pay. Here's an illustration: * **Crime:** Article 335 of the Revised Penal Code penalizes reckless imprudence resulting in damage to property. * **Pecuniary Penalty:** If someone is found guilty of recklessly damaging another's car (reckless imprudence), they might be sentenced to a fine (pecuniary penalty) as part of the punishment, along with potential imprisonment depending on the severity of the damage. The specific amount of the fine would be determined by the court based on the gravity of the offense and other factors.

Answer 66

1st - REPARATION of damages caused 2nd - payment of Consequential damages 3rd - payment of Fine 4th - payment of Costs of Proceedings

Answer 67

Imposed when there is Failure to Pay FINE It will be imprisonment of 1 day for Each amount equivalent to HIGHEST Minimum WAGE Rate at Time of Conviction If penalty is LESS than 6 years of imprisonment : period of subsidiary imprisonment will NOT be More than 1/3 of the sentence AND Not More than One Year If penalty is MORE than 6 years of imprisonment: There is NO subsidiary imprisonment

Answer 68

Crime actually COMMITTED vs crime INTENDED APPLY the penalty of the crime with LOWER PENALTY (eg. favorable to the accused) But IMPOSE at the MAXIMUM period

Answer 69

Art 70 RPC

Answer 70

The rule is to serve the sentence SIMULTANEOUSLY / TOGETHER if the Nature of the penalty PERMITS it. eg. for P/T Disqualification, Suspension, Destierrro, Public Censure, Fine, & Payment of costs Otherwise, SUCCESIVE service of sentence in the order of SEVERITY, most severe FIRST Note 3Fold rule Limitation: the MAX Duration shall NOT be more than 3Fold the length of time corresponding to the most severe of the penalties imposed which is not more than 40 years

Answer 71

Under 18 at time of Commission of Offense - Suspended sentence >> to continue even if the juvenile is already 18 years of age at time of promulgation So after reaching 18 years old, the court shall DETERMINE WON A) to Discharge the child, or B) to order execution of sentence, or C) to extend the suspended sentence until the child reaches the maximum age of 21 years old

Answer 72

It is the administration/disposition, under which an accused, AFTER conviction & sentence, is RELEASED subject to Conditions imposed by the court and supervision of a Probation officer. The application must be: 3W 1. In WRITING 2. Filed WITH court that RENDERED judgment & 3. Filed WITHIN THE Period to perfect the appeal Application for probation is deemed a WAIVER OF RIGHT TO APPEAL Reason: Appeal & Probation are mutually exclusive remedies as they rest on diametrically opposed legal positions. The application for probation is an Admission of Guilt. GR: No application for probation shall be entertained or granted if the accused has perfected the appeal from the judgment of conviction. Exception: When a judgment imposing a non-probationable penalty is appealed AND such judgment is modified through the imposition of a Probationable penalty - ALLOWED! Exception to the exceptions: When there are several accused where others have taken further appeal leading to Non-probationable to Probationable penalty, other accused may apply for probation.

Answer 73

1. offenders SENTENCED to serve a Max Term of MORE than 6 years 2. offenders CONVICTED of any crime AGAINST the National Security 3. those PREVIOUSLY CONVICTED of final judgment for an offense with a) more than 6 months and 1 day imprisonment as penalty OR b) a fine of more than $1,000 4. offenders who WERE ONCE on Probation

Answer 74

Penalty: 1 year and BELOW Imprisonment Period for Probation: Not more than 2 years Penalty: MORE than 1 year Imprisonment Period for Probation: Not more than 6 years Penalty: SUBSIDIARY imprisonment in lieu of Fine Period for Probation: Not less than the total number of days of the Subsidiary imprisonment BUT can NOT be More than Twice

Answer 75

A. Total extinction of criminal liability 1. Death of accused 2. Service of sentence 3. Amnesty and absolute pardon 4. Prescription of crimes B. Partial extinction 1. Conditional pardon 2. Commutation of sentence 3. Good conduct allowance 4. Special time allowance for loyalty 5. Parole

Answer 76

Before finality of Judgment 1. Criminal liability is extinguished - same with AFTER FOJ 2. Civil liability based on Delict is Extinguished 3. Civil liability based on other sources of Obligation (Law, Con, QC, & QDelict) SURVIVES - Same with After FOJ 4. If not extinguished, civil liabilities may be enforced via a separate civil action AFTER FOJ 1. Same above 2. Civil liability based on Delict SURVIVES 3. Same above 4. Civil liabilities are enforced via a writ of execution

Answer 77

1. AUTHORITY * **Amnesty:** Granted by the **President WITH CONCURRENCE OF CONGRESS through a proclamation. (Art. VIII, Sec. 19, 1987 Philippine Constitution) * **Absolute Pardon:** Granted by the PRESIDENT ALONE through an executive order. 2. BENEFICIARIES * **Amnesty:** Applies to a GROUP OR CLASS of persons** who may have committed POLITICAL offenses. (G.R. No. L-1278 - LawPhil [lawphil.net]) * **Absolute Pardon:** Applies to a SPECIFIC INDIVIDUAL who has already been convicted of a crime (not necessarily political). 3. **Effect on the Crime and Penalty:** * **Amnesty:** EXTINGUISHES the CRIMINAL liability for the offense and removes all disabilities resulting from the conviction (if any). (limited cases) * **Absolute Pardon:** Forgives the penalty but DOES NOT ERASE THE FACT OF CONVICTION . The person may still face civil disabilities attached to the crime. **Additional Notes:** * Amnesty is a broader act of forgiveness for a group, while an absolute pardon focuses on a single individual and the consequences of their conviction. * Amnesty is typically used for political offenses, while absolute pardon can apply to any crime.

Answer 78

DEFINITION: Prescription refers to the lapse of time after which a crime can no longer be prosecuted. ARTICLE Article 90 of the Revised Penal Code outlines the prescription period for different categories of crimes. CATEGORIES & PERIODS * Crimes punishable by death, reclusion perpetua, or reclusion temporal: **20 years** * Crimes punishable by other afflictive penalties: **15 years** * Crimes punishable by correctional penalty: **10 years** (except arresto mayor) * Arresto mayor: **5 years** * Libel or similar offenses: **1 year** * Oral defamation and slander by deed: **6 months** * Light offenses: **2 months** STARTING POINT: The prescription period starts FROM the day the crime is COMMITTED. If the crime is initially unknown, the clock starts ticking UPON DISCOVERY and initiation of legal proceedings. INTERRUPTION: The prescription period can be interrupted by the FILING of charges against the accused. If the case is dismissed for reasons not constituting double jeopardy (being tried for the same crime twice), the prescription period resumes from the dismissal.

Answer 79

If Fine or imp not more than 1 month - prescribes 1 year Imp> 1 month but less than 2 years - prescribes 4 years Imp>2 years or more - prescribes 8 years Imp>6 years or more - 12 years violation of ordinances - prescribes 2 months

Answer 80

Penalties Rec Perpetua - prescribes 20 years from escape Rec Temporal or Prision Mayor - prescribes 15 years Prision correccional - prescribes 10 years Arresto Mayor - prescribes 5 years Light penalties - prescribes 1 year from escape

Answer 81

Conditional pardon - revocable & with conditions Commutation of sentence - President reduces term GCA - for good behavior Parole - suspension of sentence and RELEASE AFTER serving the MINIMUM penalty, authorized by Board of Pardons

Answer 82

In DEFAULT of persons criminally liable, proprietor owner will be CIVILLY LIABLE - for crimes committed IN THEIR ESTABLISHMENTS & - for restitution of goods TAKEN or for PAYMENT OF VALUE provided the guests have a) notified in advance the establishment and b) followed the directions from establishment - no civil liability from Proprietor owner if its Robbery with Violence except if committed by own employees

Answer 83

This subsidiary liability need NOT BE EXPRESSLY PRONOUNCED in the Judgment as it is DEEMED written. Requisites: 1) Er-Ee relationship 2) Employee is Guilty & 3) Employee is insolvent = Assets < Liabilities