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Law > RPC: Book 1, Chap. 1, Art. 3-10 > Flashcards

RPC: Book 1, Chap. 1, Art. 3-10 Flashcards

1
Q

Title of Title One

A

Felonies and Circumstances Which Affect Criminal Liability

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2
Q

Title of Chapter One

A

Felonies

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3
Q

Per Article 3, what does delitos mean?

A

Felonies

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4
Q

Per Article 3, what does dolo mean?

A

Deceit

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5
Q

Per Article 3, what does culpa mean?

A

Fault

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6
Q

Title of Article 3

A

Definition

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7
Q

Per Article 3, what are felonies?

A

The acts and omissions punishable by law.

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8
Q

What does omissions mean?

A

Failure to abide by something.

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9
Q

Per Article 3, can felonies be committed by means of dolo?

A

Yes.

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10
Q

Per Article 3, can felonies be committed by means of culpa?

A

Yes.

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11
Q

Per Article 3, when is there deceit?

A

When the act is performed with deliberate intent.

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12
Q

Per Article 3, when is there fault?

A

When the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

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13
Q

What is imprudence?

A

Being unwise or careless, especially when it comes to the consequences of one’s actions

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14
Q

Per Article 3, how are felonies committed?

A

By dolo or by culpa

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15
Q

Example of deceit.

A

A person selling a broken phone but claiming it works perfectly.

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16
Q

Example of fault.

A

A driver accidentally hitting a pedestrian due to inattentiveness.

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17
Q

Example of omission.

A

A lifeguard seeing someone drowning but doesn’t help.

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18
Q

Example of negligence.

A

A factory worker who fails to wear safety equipment and gets injured .

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19
Q

Example of lack of foresight.

A

A person who drives too fast in bad weather without considering the risks.

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20
Q

Example of lack of skill.

A

An untrained person attempting to fix an electrical issue and causing a fire.

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21
Q

Example of imprudence.

A

A person who carries a loaded gun in public without checking if the safety is on, and accidentally discharges it, injuring someone.

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22
Q

Title of Article 4

A

Criminal Liability

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23
Q

Per Article 4, when shall criminal liability be incurred?

A
  1. Even when the act is different from what they intended.
  2. Even when the act is not completed due to impossibility or using improper means.
24
Q

Title of Article 5

A

Duty of the Court in Connection with Acts Which Should Be Repressed but Which are Not Covered by the Law, and in Cases of Excessive Penalties

25
Meaning of Article 5
The court must address unpunished acts and review excessive penalties.
26
Per Article 5, par. 1, what should the court do when it has knowledge of any act which it may deem proper to repress and which is not punishable by law?
1. Render proper decision 2. Report to Chief Executive thru DOJ
27
Per Article 5, par. 1, what should the court report thru DOJ?
The reasons which induce the court to believe that said act should be made the subject of penal legislation.
28
Per Article 5, par. 2, what should the court report thru DOJ?
When a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty.
29
Per Article 5, par. 2, what should the court take into consideration?
1. The degree of malice 2. The injury caused by the offense
30
What does "degree of malice" mean?
The level of intention or wickedness behind the act
31
Title of Article 6
Consummated, Frustrated, and Attempted Felonies
32
Per Article 6, are consummated felonies punishable?
Yes.
33
Per Article 6, are frustrated felonies punishable?
Yes.
34
Per Article 6, are attempted felonies punishable?
Yes.
35
Per Article 6, when is a felony consummated?
When all the elements necessary for its execution and accomplishment are present.
36
Per Article 6, when is a felony frustrated?
When the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, DO NOT produce it by reason of causes independent of the will of the perpetrator
37
Per Article 6, when is a felony attempted?
When the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance.
38
What are overt acts?
Actions that are openly performed and clearly show the intention to commit a crime.
39
Per Article 6, what is the difference between frustrated and attempted?
1. Frustrated felony is not completed due to reasons beyond the offender's control 2. Attempted felony is not completed because of something within their control
40
Per Article 6, what is the felony if the offender cannot complete their act due to an intervention or accident?
Frustrated felony
41
Per Article 6, what is the felony if the offender cannot complete their act due to being stopped or interrupted?
Attempted felony
42
Title of Article 7
When Light Felonies are Punishable
43
Per Article 7, when are light felonies punishable?
Only when they have been consummated.
44
Per Article 7, what is the exception for punishable light felonies?
When they are committed against a person or property.
45
Title of Article 8
Conspiracy and Proposal to Commit Felony
46
As per Article 8, when are conspiracy and proposal to commit felony punishable?
Only in cases in which the law specially provides a penalty therefor.
47
As per Article 8, par. 2, when does a conspiracy exist?
1. When two or more persons come to an agreement concerning the commission of a felony and 2. Decide to commit it.
48
As per Article 8, par. 2, when does a proposal exist?
When the person who has decided to commit a felony proposes its execution to some other person or persons
49
Title of Article 9
Grave Felonies, Less Grave Felonies, and Light Felonies
50
As per Article 9, par. 1, what are grave felonies?
Those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Article 25 of this Code.
51
As per Article 25, what are afflictive penalties?
1. Reclusion perpetua 2. Reclusion temporal
52
As per Article 9, par. 2, what are less grave felonies?
Those which the law punishes with penalties which in their maximum period are correctional, ...
53
As per Article 9, par. 3, what are light felonies?
Those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both, is provided.
54
Title of Article 10
Offenses Not Subject to the Provisions of this Code
55
What is Article 10 about?
1. Offenses punishable under special laws are not covered by this Code 2. This Code can be used to complement those laws unless the special laws specify otherwise.

Law (3 decks)

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