問題一覧
1
criminal law is binding on all person who live or sojourn in the philippine territory
generality
2
criminal law is applicable only if the crime is committed within the philippine territory
territoriality
3
criminial law cannot make an act punishable in a manner in which it was nớt punishable when committed
prospectivity
4
what is Act No. 3815?
Revised penal code
5
it is an act or omission punishable by law
crime
6
this are the categories of crime, except;
omission
7
it is an act or omission punishable by RPC
felonies
8
it is an act punishable by special penal law
offense
9
it is an act or omission punishable by a city or municipal ordinance
infractions
10
when the act is performed with deliberate intent
deceit/dolo
11
when the wrongful acts results from imprudence,negligence,lack of foresight or lack of skills
fault/culpa
12
it is an act or omission, which is wrong from its very beginning, and its nature like murder
malum inse
13
it is an act or omission, which is wrong because of the law which punishes it like illegal possession of firearms
malum prohibitum
14
it is ignorance of the fact, which makes a person not criminally liable
ignorantia factum
15
exception of the ff; Head of the state, Ambassador, Minister Plenipotentiary,minister resident, charges d’ affair
principle of public international law
16
Agreement between tge Republic of the philippines and the United states of the america
treaty stipulation
17
Republic of no. 75, which grants protection to diplomatic representatives, ambassador’s, or other public ministers of foreign countries, including their domestic servants, authorize and receive by the president
Laws of preferential application
18
Who has the power to define an punish the crimes?
the state
19
penal laws shall only be applied from the time of effectivity
Prospectivity
20
is an bodily movement tending to produce some effects in the external world
acts
21
inaction, failure to perform an act once is nound to you
omission
22
written law passed by a body of legislature.
statutory law
23
X intended to kill Y. One night, X shouted at the person whom he thought to be Y. An altercation ensued. In the process, X fired his gun at the person who died as a consequence. It turned out that the person whom he shot and killed was not Y but his own father Z. in this case, X is liable for parricide, the crime which was actually committed. When he fired his gun, he acted with intent. He is liable for all the direct, logical, and natural consequences of his felonious act, whether foreseen, intended, or unintended. The fact that the victim is different from the one X intended to kill does not exculpate him from criminal liability.
error in personae
24
mistake in identity of victim. The penalty is that provided for in Art. 49 of RPC, that is, the penalty for the lesser crime in its maximum period.
erron in personae
25
mistake in the blow, that is, when the offender intending to do an injury on a particular person but actually inflicts it on another.
aberratio ictus
26
X, with intent to kill, hacked Y. Y was not hit but Z, who was also behind Y, was hit. Z died. X is liable for his attempt to kill Y. X is also liable for the death of Z. The death of Z is the natural consequence of the felonious act of A.
aberratior ictus
27
result done is greater than that originally intended.
praeter intentionem
28
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.
impossible crime
29
when all the elements necessary for its execution and accomplishment are present;
consummated felony
30
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.
frustrated felony
31
when the offender commences the commission of a felony directly by 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.
attempted felony
32
when two or more persons come to an agreement concerning the commission of a felony and decide to commit it
conspiracy
33
those which the law attaches the capital punishment or penalties which in any of theier period is infflictive
grave felonies
34
Those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding forty thousand pesos (P40,000.00) or both, is provided.
light felonies
35
Those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned Article.
less grave felonies
36
those who take a direct part in the execution of the act
principal
37
Those who directly force or induce either to commit it
Principals
38
Those who cooperate in the commission of the offense by another act without which it would not have been in accomplish
Principals
39
Those person who not being included in article 17 cooperate in the execution of the offense by reviews are simultaneous act
Accomplices
40
Those who, having knowledge of the commission of the crime, and without having participated therein
Accessories
41
By profiting themselves or assisting the offender to profit by the effects of the crime
Accessories
42
by concealing, or destroying the body of the crime , or the effect of instrument thereof, in order to prevent its discovery
Accessories
43
Penalty, 20 years and 1 day the 40 years
Reclusion perpetua
44
Penalty of 12 years in 1 day, the 20 years
Reclusion temporal
45
Penalty of 6 years and 1 day to 12 year
prision mayor
46
Penalty of six months, one day to six years
Prision correctional
47
Penalty of one month, one day to six months
Arresto mayor
48
Penalty or one day to 30 days
arresto menor
49
Within a period of 10 years from the date of his release or last conviction of the crime of serious or less serious, physical injuries he’s found guilty of any of said crime a third time or oftener
Habitual delinquency
50
the quality by which a criminal act maybe pinpointed to another as its doer or author.
imputability
51
is the obligation of an offender in suffering the consequences of a crime.
Responsibility
52
a law which defines and punishes an act not found in the RPC
Special penal law
53
Anyone who acts in defense of his person or rights
Self-defense
54
Anyone who acts in defense of the person or rights of his spouse, ascendants, Defense descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by Relatives affinity in the same degree and those by consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the revocation was given by the person attacked, that the one making defense had no part therein.
Defense of relatives
55
Anyone who acts in defense of the person or rights of a stranger, provided that the Defense first and second requisites mentioned in the first circumstance of this article are present Strangers and that the person defending be not induced by revenge, resentment, or other evil motive.
Defense of stranger
56
Any person who, in order to avoid an evil or injury, does not act which causes damage Avoidance to another, provided that the following requisites are present: Greater Evil First: That the evil sought to be avoided actually exists; Second: That the injury feared be greater than that done to avoid it; Third: That there be no other practical and less harmful means of preventing it.
avoidance of greater evil
57
Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.
Fulfillment of duty
58
Any person who acts in obedience to an order issued by a superior for some lawful purpose.
obedience to order
59
is assault or at least threatened assault of an immediate and imminent kind
Unlawful aggression
60
are those grounds for exemption from punishment because there is wanting/missing in the agent of the crime any of the conditions which make the act voluntary or negligent.
exempting circumstances
61
One who is old but has a mental development similar to children between the ages 2-7 years.
imbecile
62
one which exists when there is a complete deprivation of intelligence in committing the criminal act, that is the accused is deprived of reason and acts without the least discernment.
insanity
63
Who has the burden to prove the insanity?
accused
64
those which if present in the commission of a crime, do not entirely free the actor from criminal liability but reduces only the penalty.
Mitigating circumstances
65
presupposes that the accused is compelled by means of threat or intimidation by a third person to commit a crime.
Uncontrollable fear
66
force which produces such an effect upon an individual that, in spite of all resistance, it reduces him to a mere instrument and as such incapable of committing a crime
Irresistible force
67
Any Filipino, who Levies war against Philippines or adheres to the enemies by giving aid and comfort
treason
68
Attack or seized a vessel or all part of the cargo
piracy
69
Whenever the crime is accompanied by murder, homicide, physical injuries or rape
qualified piracy
70
Any public officers or employee, without legal grounds, detained a person
Arbitrary detention
71
delay in the delivery of detained person to the proper judicial authorities
12, 18, 36
72
Any public officer or employee, who not being thereunto authorized by law shell expel any person from the Philippines island or Shall compel such person to change his residence
expulsion
73
The entrance of Public Officer or employee It’s against the will of the owner
violation of domicile
74
Committed by rising publicly and taking arms against the government for the purpose of removing from the allegiance to said government, or its laws
rebellion / insurrection
75
it is a swift attack, accompanied by violence, intimidation, threats, strategy or stealth, directed against duly constituted authority of the republic of the Philippines, or any military camp
coup d’etat
76
Speech, inciting people to rebel against authority of states
sedition
77
prevent any member of the Congress to attend meeting
Violation of parliamentary immunity
78
offender is a public officer or employee, or when the offender lays hand upon a person of authority
direct assault
79
person who shall make or use of force or intimidation upon any person coming to the aid of the authorities or their agents on occasionof the commission of the crimes
indirect assault
80
any person who within any town or public place, shall discharge any firearm,rocket, firecracker or other explosive calculated to cause alarm or danger
alarms and scandal
81
Convert who shall evade service of his sentence by escaping during the term of his imprisonment by reason of final judgment
evasion of service of sentence
82
by erasing, substituting, counterfeiting or altering by any means the figures, letters, words or sign contained therein
forgery
83
imposed upon any public officer, employee or notary public who taking advantage of their position shal falsify a document
falsification of public officer
84
Any person who, to the damage of a third-party, or with the intent to cause such damage shall any private document commit any of the acts falsification enumerated in the next preceding article
Falsification by private individual
85
any person who shall knowingly and falsely represent himself to be an officer, agent or representative of any department pr agency of the philippine government or of any foreign government, or who under pretense of official position, without being lawfully entitled to do so
usurpation of authority
86
otherwise known as comprehensive dangerous drugs acts of 2022
RA 9165
87
upon any person whi shall offend against decency or good customs by any highly scandalous conduct
grave scandal
88
ang person who, by direct provision of the law, popular election or appointment by competent authority, shall take part in the performance of public function in the government of the Philippine island, or shall perform in any said government or in any of its bran public duties as an employee, agent, or subordinate officer or any rank or class
Public officer
89
Any public officer, who shall agree to perform and act constituting a crime, in connection with a performance of this official duties, in consideration of any offer, promise, gift or present, received by such officer
Direct bribery
90
any public officer who shall accept gift offered to him by reason of his office
Indirect bribery
91
Any public officer is intrusted with law enforcement and he refrains from arresting or prosecuting an offender, who has committed a crime, punishable by reclusion perpetua, and or death, is considered of any offer, promise, gift or present
Qualified Bribery
92
imposed ulon any person who shall have made the offer or promise or given the gift or present to the officer
Corruption of public officials
93
Any public officer who , by reason of hisduties of his office, is accountable for public funds pr property, shall appropriate the same, or shall take or misappropriate or shall consent, through abandonment or negligence, shall permit any other person to take such public funds or property
malversation of public funds or property
94
Imposed upon any person who shall have made the offer or promise, or given the gift of present as described persin the preceding articles
corruption of public officials
95
Any public officer who, my reason of the duties of his office, is accountable for public funds or property, shall appropriate the same, or shall take or misappropriate or shall consent, through abandonment or negligence, shall permit any person to taje sunch public funds or property
malversation of public funds or property
96
any public officer who shall apply any public fund or property under his administration to any public use other than for which such fund or property were appropriated
illegal use of public funds or property
97
it is also known as the “ technical malversation “
illegal use of public funds or property
98
funss not for special purpose, use for private purposes
ordinary malversation
99
imposed upon any public officer/ employee, handling a prisoner or detained person under his charge, inflicting a cruel punishment
maltreatment of prisoners
100
any warden pr other public officer directly charged with the care and custody of prisoners or person under arrest who shall solicit or make immoral or indecent advances to a woman under hus custody
abuses against chastity