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1
Q

Those
which must be taken into consideration as
aggravating or mitigating according to the
nature and effects of the crime and the other
conditions attending its commission.

A

ALTERNATIVE CIRCUMSTANCES –

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2
Q

there is unity of purpose and

intention.

A

CONSPIRACY –

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3
Q

Persons who do not act as
principals but cooperate in the execution of the
offense by previous and simultaneous acts, which are
not indispensable to the commission of the crime.
They act as mere instruments that perform acts not
essential to the perpetration of the offense

A

ACCOMPLICES -

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4
Q

is an act, with intent to gain, of buying,
selling, receiving, possessing, keeping, or in any
other manner dealing in anything of value which a
person knows or should have known to be derived
from the proceeds of the crime of robbery or theft.

A

FENCING–

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5
Q

is a person who commits the act of fencing.
A fence who receives stolen property as aboveprovided
is not an accessory but a principal in the
crime defined in and punished by the Anti-Fencing
Law.

A

FENCE–

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6
Q

suffering inflicted by the State for the

transgression of a law.

A

PENALTY –

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7
Q

A person who, within a
period of ten years from the date of his release or last
conviction of the crimes of serious or less serious
physical injuries, robbery, theft, estafa, or falsification,
is found guilty of any said crimes a third time or
oftener.

A

HABITUAL DELINQUENT -

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8
Q

An act which when
committed was not a crime, cannot be made so by
statute without violating the constitutional inhibition as
to ex post facto laws. An ex post facto law is one
which:
1. Makes criminal an act done before the
passage of the law and which was innocent
when done;
2. Aggravates a crime, or makes it greater
than it was, when committed;
3. Changes the punishment and inflicts a
greater punishment than the law annexed
to the crime when committed;
4. Alters the legal rules of evidence, and
authorizes conviction upon a less or different
testimony than the law required at the time of
the commission of the offense;
5. Assumes to regulate civil rights and
remedies only, in effect imposing a penalty
or deprivation of a right for something which
when done was lawful; and
6. Deprives a person accused of a crime of
some lawful protection to which he has
become entitled, such as the protection of a
former conviction or acquittal, or a
proclamation of amnesty.

A

EX POST FACTO LAW -

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9
Q

A legislative act which

inflicts punishment without trial.

A

BILL OF ATTAINDER –

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10
Q
  1. Reclusión perpetua
  2. Reclusión temporal
  3. Prisión mayor and temporary
    disqualification – 6 years and 1 day to 12
    years, except when disqualification is an
    accessory penalty, in which case its duration
    is that of the principal penalty
  4. Prisión correccional, suspensión, and
    destierro – 6 months and 1 day to 6 years,
    except when suspensión is an accessory
    penalty, in which case its duration is that of
    the principal penalty
  5. Arresto mayor – 1 month and 1 day to 6
    months
  6. Arresto menor – 1 day to 30 days
  7. Bond to keep the peace – The period is
    discretionary on the court.
A

– 20 years and 1 day to 40 years

– 12 years and 1 day to 20 years

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11
Q

although there actually are two
or more crimes, the law treats them as constituting
only one- as there is only one criminal intent. Only
one information need be filed.

A

COMPLEX CRIME –

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12
Q

consists in the
successive execution by the same individual of
different criminal acts upon any of which no
conviction has yet been declared.

A

PLURALITY OF CRIMES –

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13
Q

refers to a single crime
consisting of a series of acts but all arising from one
criminal resolution. Although there is a series of acts,
there is only one crime committed, so only one
penalty shall be imposed.

A

CONTINUED CRIME –

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14
Q

a disposition under which a defendant
after conviction and sentence is released subject to
conditions imposed by the court and to the
supervision of a probation officer

A

PROBATION -

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15
Q

is an act of the sovereign power granting
oblivion or general pardon. It wipes all traces and
vestiges of the crime but does not extinguish civil
liability.

A

Amnesty –

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16
Q

an act of grace proceeding from the power
entrusted with the execution of laws, which exempts
the individual from the punishment the law inflicts for
the crime.

A

Pardon –

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17
Q

is the loss/forfeiture of the
right of the state to prosecute the offender after the
lapse of a certain time.
NOTE: When the crime prescribes, the state loses
the right to prosecute

A

Prescription of a crime –

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18
Q

consists in the suspension of the
sentence of a convict after serving the minimum term
of the indeterminate penalty, without granting pardon,
prescribing the terms upon which the sentence shall
be suspended. In case his parole conditions are not
observed, a convict may be returned to the custody
and continue to serve his sentence without deducting
the time that elapsed.

A

PAROLE –

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19
Q

Deduction for the term of sentence for good behavior

A

Good conduct allowance during confinement –

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20
Q

contract between the
sovereign power of the executive and the convict
NOTE: Convict shall not violate any of the penal laws
of the Philippines.

A

Conditional pardon –

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21
Q 
change in the decision of the
court by the chief regarding the:
1. degree of the penalty
2. by decreasing the length of the
imprisonment or fine
A

COMMUTATION –

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22
Q

any department or branch of art,
occupation or business; especially one w/c employs
so much labor and capital is a distinct branch of trade

A

Industry –

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23
Q

In theft, the culprit is duty bound to

return the property stolen.

A

Restitution –

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24
Q

In case of inability to return the
property stolen, the culprit must pay the value of the
property stolen.
In case of physical injuries, the reparation of the
damage caused would consist in the payment of
hospital bills and doctor’s fees to the offended party.

A

Reparation –

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25
Q

the loss of salary or earnings

A

Indemnification –

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26
Q

breach of allegiance to the
government by a person who owes
allegiance to it.

A

Treason –

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27
Q

obligation of fidelity and
obedience which individuals owe to the
government under which they live or to their
sovereign, in

A

Allegiance –

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28
Q

punished by state

as a measure of self-protection

A

Treason is a war crime -

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29
Q

is the offense of gathering,
transmitting, or losing information respecting the
national defense with intent or reason to believe
that the information is to be used to the injury of
the Republic of the Philippines or the advantage of
a foreign nation.

A

ESPIONAGE –

30
Q

it is robbery or forcible depredation on
the high seas, without lawful authority and done
with animo furandi and in the spirit and intention of
universal hostility.

A

PIRACY –

31
Q

the unlawful resistance to a superior, or
the raising of commotions and disturbances on
board a ship against the authority of its
commander.

A

MUTINY –

32
Q

any vessel or watercraft used for (a)

transport of passengers and cargo or (b) for fishing.

A

VESSEL –

33
Q

are those directly aimed
against the political order, as well as such common
crimes as may be committed to achieve a political
purpose. The decisive factor is the intent or motive.

A

POLITICAL CRIMES –

34
Q

any person
who, by direct provision of law or by election or by
appointment by competent authority, is charged with
the maintenance of public order and the protection
and security of life and property. They include:
a. Barrio councilman
b. Barrio policeman
c. Barangay leader
d. Any person who comes to the aid of persons
in authority

A

AGENT OF PERSON IN AUTHORITY –

35
Q

any person directly
vested with jurisdiction, whether as an individual or
as a member of some court or governmental
corporation, board or commission. They include:
a. Barangay captain
b. Barangay chairman

A

PERSON IN AUTHORITY –

36
Q

caused by more than 3
persons who are armed or provided with
means of violence.

A

TUMULTUOUS -

37
Q

any written statement by which a right

is established or an obligation is extinguished

A

DOCUMENT -

38
Q

intent or attempt to imitate

A

COUNTERFEITING –

39
Q

to represent by false appearance when

no original exists

A

FEIGNING -

40
Q

any writing by which testimony is

given that a fact has or has not taken place

A

CERTIFICATE -

41
Q

is a word or
words, name, title, symbol, emblem, sign or device,
or any combination thereof used as an
advertisement, sign, label, poster, or otherwise, for the purpose of enabling the public to distinguish the
business of the person who owns and uses said
trade-name or trade-mark

A

TRADE-NAME OR TRADE-MARK –

42
Q

is a mark used in the sale or
advertising of services to identify the services of one
person and distinguish them from the services of
others and includes without limitation the marks,
names, symbols, titles, designations, slogans,
character names, and distinctive features of radio or
other advertising

A

SERVICE MARK –

43
Q

consists in employing
deception or any other means contrary to good faith
by which any person shall pass off the goods
manufactured by him or in which he deals, or his
business, or services for those of the one having
established goodwill, or committing any acts
calculated to produce such result

A

UNFAIR COMPETITION:

44
Q

place where
dangerous drug and/or controlled precursor and
essential chemical is administered, delivered,
stored for illegal purposes, distributed, sold or
used in any form (To be habitual – prior
conviction, reputation of place)

A

OPIUM DIVE OR RESORT:

45
Q

presence of
controlled precursor and essential chemical or
lab equipment in the clandestine lab

A

Prima facie proof of manufacture:

46
Q

Any facility
used for illegal manufacture of any dangerous
drug and or controlled precursor and essential
chemicals

A

CLANDESTINE LABORATORY:

47
Q

sale, distribution,
transport of legitimately imported, in-transit,
manufactured or procured controlled precursors
or essential chemicals to any person or entity
engaged in manufacture of dangerous drug and
concealment of such transaction through fraud,
destruction of documents, fraudulent use of
permits, misdeclaration, use of front companies
or mail fraud

A

CHEMICAL DIVERSION:

48
Q

person who sets up and furnishes

means to carry on gambling or scheme

A

MAINTAINER –

49
Q

person who manages or carries on

gambling game or scheme

A

CONDUCTOR –

50
Q

betting money or any object or
article of value or representative of value
upon the result of any game, races and other
sports contests

A

BETTING -

51
Q

any arrangement,
combination, scheme or agreement by which
the result of any game, races or sports
contests shall be predicted and/or knows
other than on the basis of the honest playing
skill or ability of the players or participants

A

GAME-FIXING –

52
Q

any such arrangement,
combination, scheme or agreement by which
the skill of ability of any player or participant
in a game, races or sports contests to make
points or scores shall be limited deliberately
in order to influence the result thereof in favor
of one or the other team, player or participant
therein

A

POINT-SHAVING –

53
Q

any other
fraudulent, deceitful, unfair or dishonest
means, method, manner or practice
employed for the purpose of influencing the
result of any game, races or sports contests

A

GAME MACHINATION –

54
Q

women who habitually(not just 1
man) indulge in sexual intercourse or lascivious
conduct for money or profit (If a man indulges in the
same conduct, the crime committed is vagrancy.)

A

PROSTITUTES -

55
Q

lax, unrestrained, immoral (includes

maintainer of house of prostitution)

A

DISSOLUTE –

56
Q

brutal, violent, lawless

A

RUFFIANS –

57
Q

Doing of an act which a public officer

should not have done

A

Malfeasance

58
Q

Improper doing of an act which a

person might lawfully do

A

Misfeasance

59
Q

Failure of an agent to perform his

undertaking for the principal

A

Nonfeasance

60
Q

manifestly
contrary to law that even a person having meager
knowledge of law cannot doubt the injustice; not
abuse of discretion or mere error of judgment

A

MANIFESTLY UNJUST JUDGMENT –

61
Q

selling

A

HIGHGRADING –

62
Q

is the taking away by any
means, method or, scheme, without the consent
of the owner, of animals classified as large cattle
whether or not for profit or gain, or whether
committed with or without violence against or
intimidation of any person or force upon things. It
includes the killing of large cattle, or taking its
meat/hide without the consent of the owner.

A

CATTLE RUSTLING

63
Q

Any act of canvassing,
enlisting, hiring, or procuring workers, including
referring contract services, promising or advertising
for employment abroad, whether for profit or not,
when undertaken by a non-licensee or non-holder of
authority.

A

Illegal Recruitment -

64
Q

willful damaging of
another’s property for the sake of causing
damage due to hate, revenge or other evil motive

A

MALICIOUS MISCHIEF:

65
Q

means the home of the
husband and wife even if the wife happens to be
temporarily absent on any account.

A

CONJUGAL DWELLING

66
Q

consists in any reprehensible
word/deed that offends public conscience,
redounds to the detriment of the feelings of honest persons, and gives occasion to the
neighbors’ spiritual damage and ruin.

A

SCANDAL

67
Q

means to dwell together, in the
manner of husband and wife, for some period of
time, as distinguished from occasional, transient
interviews for unlawful intercourse.

A

COHABIT

68
Q

means the enticing a woman to
unlawful sexual intercourse by promise of marriage
or other means of persuasion without the use of
force.

A

SEDUCTION

69
Q

is a public and malicious imputation of a
crime, or a vice or defect, real or imaginary or
any act, commission, condition, status or
circumstances tending to cause the dishonor,
discredit or contempt of a natural or juridical
person, or to blacken the memory of one who is
dead.

A

Libel

70
Q

as any unlawful extortion of money
by threats of accusation and exposure is possible
in the crimes of light threats (Art. 283) and in
threat to publish libel (Art 356).

A

BLACKMAIL

71
Q

[Latin, You have the body.] A writ (court order) that commands an individual or a government official who has restrained another to produce the prisoner at a designated time and place so that the court can determine the legality of custody and decide whether to order the prisoner’s release.
A writ of habeas corpus directs a person, usually a prison warden, to produce the prisoner and justify the prisoner’s detention. If the prisoner argues successfully that the incarceration is in violation of a constitutional right, the court may order the prisoner’s release. Habeas corpus relief also may be used to obtain custody of a child or to gain the release of a detained person who is insane, is a drug addict, or has an infectious disease. Usually, however, it is a response to imprisonment by the criminal justice system.

A

Habeas Corpus

CL (4 decks)

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