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book 1
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  • 問題数 100 • 9/12/2023

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    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