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CRIMINAL LAW > Video Discussion 1- 2 > Flashcards

Video Discussion 1- 2 Flashcards

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1
Q

branch of public law which defines crimes treats of their nature and provides for their punishment

A

CRIMINAL LAW

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2
Q

punishable by the Revised Penal Code

A

FELONY

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3
Q

punishable by special penal laws

A

OFFENSE

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4
Q

punishable by city or municipal ordinances

A

INFRACTIONS

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5
Q

An act committed or omitted in violation of a public law forbidding or commanding it

A

CRIME

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6
Q

a misdeamenor, an offense, or simply CRIME.

A

DELICT

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7
Q

the fault or negligence of a person causing damage to another, and there is no pre existing contractual relation between the parties (Article 2176 Civil Code). Also known as CULPA AQUILIANA

A

QUASI DELICT

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8
Q

SOURCES OF CRIMINAL LAW

A
  1. Act 3815 known as the Revised Penal Code
  2. Special Penal Laws passed by Congress
  3. Presidential Decrees issued by President Marcos
  4. Codigo Penal De Espana (Spanish Penal Code)
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9
Q

the body of principles, usages and rules of actions which do not result from the express act of the legislature. There is no such crime in the Philippines

A

COMMON LAW CRIMES

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10
Q

Meaning of NULLUM CRIMEN NULLA POENA SINE LEGE

A

There is no crime if there is no law punishing It

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11
Q

CHARACTERISTICS OF CRIMINAL LAW

A

GENERAL
TERRITORIAL
PROSPECTIVE

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12
Q

Criminal law is binding on all persons who live or sojourn in the Philippines, regardless of age, sex or nationality

A

GENERAL

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13
Q

Criminal laws are applicable only it the crime is committed within Philippine territory

A

TERRITORIAL

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14
Q

criminal law cannot make an act punishable in a manner in which it was not punishable when committed

A

PROSPECTIVE

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15
Q

EXCEPTIONS TO THE GENERAL CHARACTERISTICS

A
  1. As provided by treaty stipulations
  2. As provided by laws of preferential applications
  3. Persons who are exempt because of certain principles of international laws:
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16
Q

It means the law (as a general rule) does not have retroactive effect

A

PROSPECTIVE CHARACTERISTICS

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17
Q

Also known as irretrospectivity.

A

PROSPECTIVE CHARACTERISTICS

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18
Q

Also known as prospectivity

A

PROSPECTIVE CHARACTERISTICS

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19
Q

When there is doubt about the meaning or application or interpretation of a penal law and the doubt admits of two interpretations, one which is lenient to the offender and the other one is favorabe to him, then the interpretation which is favorable to the accused should be applied.

A

PRO REO DOCTRINE

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20
Q

The old Penal Code which took effect until ?

A

December 31, 1931

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21
Q

Administrative Order 94 of the DOJ dated?

A

October 18, 1927

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22
Q

What is ACT 3815 ?

A

REVISED PENAL CODE

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23
Q

When RPC approved?

A

December 8, 1930

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24
Q

When RPC took effect?

A

January 1, 1932

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25
Q

THEORIES IN CRIMINAL LAW

A

Classical Theory
Positivist Theory

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26
Q

the basis of criminal liability is human free will and the purpose of penalty is retribution. Man is a moral creature with an absolute free will to choose between good and evil.

A

CLASSICAL THEORY

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27
Q

Man is subdued occasionally by a strange and morbid phenomenon which constrain him to do wrong. Crime is a social and natural phenomenon; it cannot be treated therefore by the application of abstract principles of law or by the imposition of punishment. The purpose of penalty is reformation of accused. Offender is regarded as a sick person who needs treatment

A

POSITIVIST THEORY

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28
Q

RULES ON CRIMES COMMITTED ABOARD FOREIGN MERCHANT
VESSEL WHILE WITHIN PHLIPPINE WATERS

A

English Rule and French Rule

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29
Q

the crime is punishable in the Philippines, unless the crime merely affects things within the vessel

A

ENGLISH RULE

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30
Q

the crime is not triable in the courts of that country (Philippines), unless their commission has effects on the safety of the coastal state

A

FRENCH RULE

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31
Q

LIMITATIONS ON THE POWERS OF CONGRESS TO MAKE LAWS

A

Ex Post Facto Law
Bill of Attainder

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32
Q

law that makes criminal an act done before the passage of the law and which incent when done, and punishes such an act it may also be defined as a law which aggravales a crime,or make it greater than it was, when commited

A

EX POST FACTO LAW

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33
Q

law which inflicts punishment without trial

A

BILL OF ATTAINDER

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34
Q

is any bodily movement tending to produce some effects in the external
world

A

ACT

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35
Q

inaction, the failure to perform an act one is bound to do

A

OMISSION

36
Q

involves lack of skill

A

IMPRUDENCE

37
Q

involves lack of foresight

A

NEGLIGENCE

38
Q

Failure to make precaution

A

IMPRUDENCE

39
Q

Failure to use diligence

A

NEGLIGENCE

40
Q

REQUISITES OF DOLO OR MALICE (INTENTIONAL FELONIES)

A

• Freedom of action
• Intelligence
• Intent

41
Q

Mens Rea refer to ?

A

Criminal Intent

42
Q

the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused

A

Mens Rea

43
Q

REQUISITES OF FAULT OR CULPA (CULPABLE FELONIES)

A

• Freedom of action
• Intelligence
• Imprudent, negligent, or lack of foresight or lack of skill

44
Q

is a misapprehension of fact on the part of the person who caused injury to another. He is not liable for absence of criminal intent

A

MISTAKE OF FACT

45
Q

IGNORANTIA LEGIS NON EXCUSAT

A

IGNORANCE OF THE LAW EXCUSES NO ONE FROM COMPLIANCE THEREWITH

46
Q

It is Latin legal maxim that means ignorance of a fact is an excuse. Any act done under a mistaken impression of a material fact is excused

A

IGNORANTIA FACTI EXCUSAT

47
Q

Actus non facit reum nisi mens sit rea

A

The act itself does not make a man guilty unless his intention was so

48
Q

Actus me invito factus nonest meus actus

A

An act done by me against my will is not my act.

49
Q

Those which are so serious in effects to the so society so as to call for their unanimous condemnation

A

CRIMES MALA IN SE

50
Q

These are violations of mere rules of convenience designed to secure a more orderly affairs of the society

A

CRIMES MALA PROHIBITA

51
Q

Wrongful in nature. Since the beginning of me

A

CRIMES MALA IN SE

52
Q

Made wrongful only by statute

A

CRIMES MALA PROHIBITA

53
Q

Generally punished by Revised Penal Code

A

CRIMES MALA IN SE

54
Q

Punished by special penal law

A

CRIMES MALA PROHIBITA

55
Q

the moving power which impels one to action for a definite result.

A

MOTIVE

56
Q

the purpose to use a particular manes to effect such result

A

INTENT

57
Q

does not only mean the obligation to serve the personal or imprisonment penalties but it also includes the liability to pay the fines or pecuniary penalties.

A

CRIMINAL LIABILITY

58
Q

Article 4 (1) may refer to either:

A

Error in personae
Aberratio Ictus
Praeter Intentionem

59
Q

mistake in identity of victim

A

Error in personae

60
Q

mistake in blow

A

Aberratio Ictus

61
Q

Result done is greater than that originally intended

A

Praeter Intentionem

62
Q

Meaning of El que es causa de la causa es causa del mal causado.

A

He who is the cause of the cause is the cause of the evil caused

63
Q

is that cause which in the ordinary and continuous sequence, unbroken by any efficient intervening cause produces the injury

A

PROXIMATE CAUSE

64
Q

are those that break the relation of cause and effect

A

EFFICIENT INTERVENING CAUSE

65
Q

Those crimes which would have been committed against person or property were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means

A

IMPOSSIBLE CRIME

66
Q

3 STAGES OF EXECUTION OF FELONIES

A

ATTEMPTED
FRUSTRATED
CONSUMMATED

67
Q

when the offender commences the commission of a felony directly or over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance.

A

ATTEMPTED

68
Q

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

A

FRUSTRATED

69
Q

when all the elements necessary for its execution and accomplishment are present;

A

CONSUMMATED

70
Q

It is some physical activity or deed more than a mere planning or preparation, which if carried out to its complete termination following its natural course. Without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator, will logically and naturally ripen in a concrete offense

A

OVERT ACT

71
Q

It is one where the purpose of the offender in performing an act is not certain

A

INDETERMINATE OFFENSE

72
Q

are crimes consummated in one instant. There is only one stage and that is consummated stage

A

FORMAL CRIMES

73
Q

have three stages of execution, attempted, frustrated and consummated.

A

MATERIAL CRIMES

74
Q

portion of the acts constituting the crime, starting from the point where the offender begins the commission of the crime to the point where he still has control over his act and their natural course

A

SUBJECTIVE PHASE

75
Q

If between these two points the offender is stopped by any cause outside of his own voluntary desistance, the subjective phase has not been passed and it is an attempt. If he is not so stopped but continues until he performs the last act, it is frustrated, provided the crime is not produced

A

OBJECTIVE PHASE

76
Q

those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding 200 pesos or both; is provided.

A

LIGHT FELONIES

77
Q

exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.

A

Conspiracy

78
Q

when the person who has decided to commit a felony proposes its execution to some other person or persons

A

proposal

79
Q

WHEN THERE IS CONSPIRACY BETWEEN OR AMONG THOSE WHO COMMITTED THE CRIME THE ACT OF ONE IS THE ACT OF ALL.

A

RULE IN CONSPIRACY

80
Q

CLASSIFICATION OF FELONY ACCORDING TO GRAVITY

A

Grave felonies,
Less grave felonies ;and
Light felonies.

81
Q

those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art, 25 of this Code

A

GRAVE FELONIES

82
Q

those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned Art..

A

LESS GRAVE FELONIES

83
Q

those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding 200 pesos or both, is provided

A

LIGHT FELONIES

84
Q

a law which defines and punishes act not found in the RPC

A

SPECIAL LAW

85
Q

FIVE CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

A
  1. Justifying Circumstances
  2. Exempting Circumstances
  3. Mitigating Circumstances
  4. Aggravating Circumstances
  5. Alternative Circumstances

CRIMINAL LAW (2 decks)

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