B9-CLJ-BET A

92問 • 2年前

問題一覧

The offender has performed until the last act and is no longer in control of its natural course.

Objective phase

Enrico went to a nearby videoke bar to buy cigarettes. Once inside the bar, he was stabbed by Simon on his body. When Enrico was rushed to the hospital, he was treated and the doctor testified that the injury suffered by Enrico was fatal and would cause his death were it not for the timely medical attention given to him. Is Simon liable?

Yes for frustrated homicide

Jade, a doctor, conceived the idea of killing his wife, Betty. To carry out his plan, he mixed arsenic with the soup of Betty. Soon after taking the poisonous food, Jade suddenly had a change of heart and washed out the stomach of Betty. Jade also gave Betty an antidote. Is Jade liable?

yes for physical injuries

The essence of the crime is sexual congress.

adultery

It is also known as a moving crime.

transitory crime

It is one in which the substance is made up of more than one crime, but which, in the eyes of the law, is only a single indivisible offense.

composite crime

Which of the following is not a special complex crime?

Rape through Forcible Abduction

It has the effect of an exempting circumstance as it is predicated on lack of voluntariness.

absolutory cause

Who has the burden of evidence of proving the existence of justifying circumstances?

accused

When pleading self-defense, the burden to prove guilt beyond reasonable doubt is on the shoulders of:

state

Is there self-defense even if the aggressor used a toy gun?

yes

Kokey claims that the death of Harold was an accident and his act was just for self-defense when his revolver accidentally hit the victim while he was struggling the same with his real enemy, Jade. Is his contention correct?

yes

What does the law require on the weapons used by the one defending himself?

rational equivalence

It is a rule which does not require a person, who is where he has a right to be, to retreat in the face of a rapidly advancing attacker threatening him with a deadly weapon, but entitles him to do whatever he believes is necessary to protect himself from great bodily harm.

Stand ground when in the right doctrine

To be classified as a battered woman, the couple must go through the battering cycle at least

twice

In Battered Woman Syndrome (BWS), the defense should prove how many phases of cycle of violence characterizing the relationship of the parties.

Who can prove the existence of a Battered Woman Syndrome?

psychiatrist/psychologist

What is the basis for exemption from criminal liability in insanity/imbecility?

lack of intelligence

What is the basis for exemption from criminal liability of the accused when he was prevented by some lawful or insuperable cause?

lack of criminal intent

In compulsion of irresistible force, compulsion is by means of:

physical force

Clarkson, who was not a member of the band which murdered some American school teachers, was in a plantation gathering bananas. Upon hearing the shooting, he ran. However, Clarkson was seen by the leaders of the band who called him, and striking him with the butts of their guns. They compelled him to bury the bodies. Here:

clarkson is not liable

Mitigating circumstances must be present prior to or simultaneously with the commission of the offense except in:

voluntary surrender

In case of concealing dishonor by a pregnant woman in abortion, the imposable penalty is lowered by:

by period only

If the offender is over 70 years of age, the effect on criminal liability is:

mitigating circumstance

What is the effect of senility?

mitigating circumstance

What is the effect of Senile Dementia?

exempting circumstance

The accused escapes from the scene of the crime in order to seek advice from a lawyer, and the latter ordered him to surrender voluntarily to the authorities, which the accused followed by surrendering himself to the municipal mayor. Here:

The surrender is mitigating

Plea of guilty to a lesser offense is also known as:

qualified plea

Suppose Kokey is deaf and dumb and he has been slandered, he cannot talk so what he did was he got a piece of wood and struck the fellow on the head. Kokey was charged with physical injuries. Here:

Kokey is entitled to a mitigating circumstance

Those that generally apply to almost all crimes.

generic

Those that must of necessity accompany the commission of the crime.

inherent

Quasi-recidivism is an example of what aggravating circumstance?

Special

One who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the RPC.

recidivist

The first crime in 1975 was serious physical injuries, the second crime in 2004 was murder. This is:

recidivism

Enrico followed the unsuspecting victim, Simon when he was going home and thereafter, deliberately stabbed him in the back which resulted in Simon falling to the ground wand was thereby further attacked by Enrico. In this case, there is?

treachery

In which of the following crimes, ignominy is applicable?

All of the above

A positive finding for the use of dangerous drugs shall be a:

qualifying aggravating circumstance

A first time minor offender under RA 9165, in lieu of imprisonment, may be granted:

D. both a and b

The passive subject in the commission of a crime.

injured party

An accomplice is known as:

Accessory before the fact

Jeremiah wanting to kidnap Charles while playing at a parfk, forced Charles to come with him at a nearby wharf. There, he saw Kokey and Jade ready to leave, with their boats. Kokey, without putting any resistance and fully acquiescing to the acts of Jeremiah allowed him, to transport the kidnapped victim, thereby facilitating the commission of the crime. Is Kokey liable?

Yes as an accomplice

The accessory comes into the picture:

when the crime is already consummated

Which of the following are generic aggravating circumstances?

Recidivism and Reiteracion

Habitual delinquency is used as extraordianry aggravating circumstance on the

4th conviction

Under Art. 9 (3), if the fine by the law for a felony is exactly PhP40,000, it is a:

light felony

Destierro can be imposed in the following cases except:

In less serious physical injuries under exceptional circumstances

Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from:

30 years

In case the maximum penalty to which the accused may be sentenced is destierro, he shall be release after ___ days of preventive imprisonment.

A child in conflict with the law shall be credited in the services of his/her sentence with the _______ spent in the actual commitment and detention.

full time

It is the imposable penalty after taking into consideration certain graduating factors.

graduated penalty

Fines shall be increased or reduced for each degree by ___ of the maximum amount.

1/4

The prosecution was able to prove that the man is 75 years old. Would you consider the aggravating circumstance of disrespect of age?

Which of the following best describes the three-fold rule?

Juridical accumulation system

The three-fold rule applies if a convict has to serve at least _____ sentences continuously

Costs in case of conviction are chargeable against:

accused

Costs in case of acquittal are chargeable against:

both parties

Probation is a mere privilege and its grant rest solely upon the discretion of the ______.

court

When a judgment of conviction imposing a nonprobationable penalty is appealed or reviewed in the Court Appeals and such judgment is modified through the imposition of a probationable penalty, the defendant shall be allowed to apply for probation based on the modified decision before such decision becomes final. The application for probation based on the modified decision shall be filed in the:

rtc

The period of probation of a defendant sentenced to a term of imprisonment of not more than one year shall not exceed:

2 years

The period of probation of a defendant sentenced to a term of imprisonment of more than one year shall not exceed

6 years

Arresto Mayor prescribes in ____ years.

5 years

Grave slander prescribes in ____ months.

6 months

Destierro shall prescribe in _____:

10 years

Kokey killed his wife and buried her in the backyard. He immediately went into hiding in the mountains. Three years later, the bones of Kokey’s wife were discovered by Jade, the gardener. Since Jade had a standing warrant of arrest, he hid the bones in an old clay jar and kept quiet about it. After 2 years, Betty, the caretaker found the bones and reported matter to the police. After 15 years of hiding, Kokeyt left the country but returned 3 years later to take care of his ailing sibling. Six years thereafter, he was charged but raised the defense of prescription. What crime did Kokey commit?

Parricide

This crime prescribes in how many years?

20 years

Loss or forfeiture of the State to prosecute.

prescription of crimes

It 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 to the advantage of a foreign nation.

espionage

A person who commits arbitrary detention likewise violates:

sec. 1, Art. 3, constitution

Can a barangay Chairman be guilty of arbitrary detention?

Yes, he is a public officer

What is the length of waiver under Art. 125, RPC in case of light offense?

5 days

What is the length of waiver under Art. 125, RPC in cases of serious and less serious offenses?

7-10 days

If a public officer, not armed with a search warrant or a warrant of arrest, searches a person outside his dwelling, if violence and intimidation are used, the crime committed is:

grave coercion

If a public officer, not armed with a search warrant or a warrant of arrest, searches a person outside his dwelling, if there is no violence and intimidation, the crime committed is:

unjust vexation

Suppose Kokey, a suspected pusher lives in a condominium unit. Agents of the PDEA obtained a search warrant but the name of the person in the search warrant did not tally with the address indicated therein. Eventually, Kokey was found but in a different address. Kokey resisted but the agents insisted on the search. Drugs were found and seized and Kokey was prosecuted. Is the search valid?

The essence of rebellion is public uprising and taking of arms for the purpose of overthrowing the Government by force although it is not necessary that the rebels succeed in overthrowing the Government. If there is no public uprising, the crime is:

direct assault

The ultimate object of this crime is a violation of the public peace or at least such a course of measures as evidently engenders it.

sedition

It is a violation by a subject of his allegiance to his sovereign or the supreme authority of the State.

treason

What is the criminal liability, if any, of a police officer who, while Congress was in session, arrested a member thereof for committing a crime punishable by a penalty higher than prison mayor?

No crime

Lydia and Gemma are public school teachers. Lydia’s son was a student of Gemma. Lydia confronted Gemma after learning from her son that Gemma called him a “sissy” while in class. Lydia slapped Gemma in the cheek and pushed her, thereby causing her to fall and hit a wall divider. As a result of Lydia’s violent assault, Gemma suffered a contusion in her ‘maxillary area”, as shown by a medical certificate issued by a doctor and continued to experience abdominal pains. To what crime, if any, is Lydia available?

Direct assault

What crime is committed by creating noise and annoyance that is directed to a particular person or a family?

Unjust vexation

The basis of criminal liability is human free will and the purpose of the penalty is retribution.

classical theory

What is the legal basis for inflicting punishment?

police power

Which among the following is/are limitation/s on the power of Congress to enact penal laws?

D. All of the above

Which among the following is/are limitation/s on the power of Congress to enact penal laws?

bill of attainder

Whenever a person is under a compulsion of irresistible force or uncontrollable fear to do an act against his will, in which that act produces a crime or offense, such person is exempted in any criminal liability arising from said act.

Actus me invito factus non est meus actus

It is an act committed or omitted in violation of a public law forbidding or commanding it.

crime

Which among the following is a formal felony?

physical injuries

Which among the following violations under special penal laws is considered malum prohibitum?

Graft and Corrupt Practices Acts (R.A. 3019)

It means the law will have application even outside the territorial jurisdiction of the State.

extraterritoriality

Pingris went to NAIA and boarded an airship of the PAL destined for USA. As the airship passes the Pacific Ocean, Pingris killed Rendon, a fellow passenger. Which Court can try the case of murder committed by Pingris?

b. Philippine Courts

Which among the following does not belong to the group?

Failure to pay proper attention and to use due diligence in foreseeing injury or damage to be caused.

In an act to discipline his child, the father claims that the death of his child was not intended by him. Is his contention correct?

Lea set A

Christian Jay Santos · 53問 · 3年前

Lea set A