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77問 • 3年前

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The Revised Penal Code is actually a mere revision of the old Penal Code in force in the Philippines from July 14, 1887 and which, in turn, was based on

Spanish Code of 1870

The old Penal Code was in forced in the Philippines from July 14, 1887 up to-

December 31, 1931

The Revised Penal Code, as enacted by the Philippine Legislature, was approved on

December 8, 1930

The Revised Penal Code consists of two Books, namely: Book one and Book two. Book one consists of

113 Articles

It is a branch of public law which defines criminal offenses and prescribes specific punishment for them.

Criminal law

These laws are those acts of legislature which prohibit certain acts and establish penalties for their violations; or those that defines crimes, treat of their nature and provide for their punishment.

Penal laws

The following are the constitutional limitations on the right to enact penal laws except:

Decriminalize or make something legal by changing the law

It makes an act or omission criminal which when committed was not yet so.

Ex post facto law

The following are ex post facto law as conceived by the 1987 Philippine Constitution,

Statutes which prescribe greater punishment for a crime already committed, Laws which, while not creating new offenses, aggravate the seriousness of a crime, Laws which alter the rules of evidence so as to make it substantially easier to convict a defendant

The following are the characteristics of penal law except:

Venue

This characteristics of penal law states that it is binding on all persons who resides or sojourn in the Philippines whether citizen or not.

Generality

This characteristics of penal law states that law is applicable to all crimes committed within the limits of Philippine territory.

Territoriality

Characteristic of penal law which means that generally law should only be applied after its effectivity onwards unless favorable to the accuse.

Prospectivity

The following are the bases of propectivity characteristics of penal law except:

Article III, Section 1 of the 1987 Constitution

What is the rational against the retroactivity of laws?

Lex prospicit, non respicit

This philosophy of criminal system states that the purpose of penalty is retribution - “an eye for an eye; a tooth for a tooth.” In view of the voluntariness of the act or omission of the offender, he should be given the penalty he deserved.

Classical or juristic

This philosophy of criminal system states that the purpose of penalty is reformation since the offender is the product of his environment, then the penalty should be corrective or curative to reform him, thus, jail is also called reformatories

Positivist or realistic

This philosophy of criminal system combines the good features of both the classical and positivist theories. Ideally, the classical theory should be applied to a grievous crimes, whereas, the positivist is made to apply on economic and social crimes.

Ecclectic

This philosophy of criminal system spouses the idea that the primary function of punishment is protect society from potential and actual wrongdoers. The objective of retribution of a wronged society should be directed against the actual and potential wrongdoers.

Utilitarian

20. Which of the following statement is correct with respect to perverse act not punishable under the law?

B. Philippines is a civil law country, hence penal laws are enacted. As such, no matter how heinous an act, it is not considered a crime unless there is a law that punishes it.

This legal maxims in penal law states that “there is no crime when there is no law that defines and punishes it

Nullum crimen nulla poena sine lege

What is the rule in the interpretation of penal laws in relation to the accused’s culpability?

It should be interpreted liberally in favor of the accused and against the State

What is equipoise rule?

B. Where the State fails to meet the quantum of proof required to overcome the constitutional presumption of innocence, the accused is entitled to acquittal, regardless of the weakness or even the absence of his defense.

Classification of felonies which are always consummated because the offender cannot perform the act necessary for their execution without consummating the offense.

Formal felonies

25. Classification of felonies which has various stage of execution is called? .

Material felonies

The following are characteristics of mala in se except:

Criminal intent is not necessary for reason of public policy

The following are the characteristics of mala prohibita:

There are no attempted or frustrated stage, Generally, crimes mala prohibita does not involve moral turpitude, Wrongful merely because prohibited by the State

Criminal law is that branch of public substantive law which defines crimes, threat of their nature, and provides for their punishment, while substantive law means

all of the above

The sources of criminal law are the following,

Presidential Decrees issued during martial law, Special Penal Laws, The Revised Penal Code (Act 3815) and its amendments

The state power to define and punish crimes

Police power

The branch of the government which has the power to define and punish crimes.

Legislative

Penal or criminal law legislation based in classical or juristic theory states that the basis of criminal responsibility is:

the existence of the offender’s free will and the penalty for his criminal act is by way of retribution

Which of the following is not the characteristics of criminal law?

Retroactivity

This characteristics of criminal law states that criminal law is binding on all persons who live or sojourn in the Philippine territory.

Territoriality

Which of the following are an exemption to the principle of generality?

Consul vice consul and other commercial representative of foreign nations

Which of the following statement is correct with respect to the construction of the criminal law or penal law?

Both ‘a’ and ‘b’ are correct statements

The Revised Penal Code is otherwise known as

Act 3815

The Revised Penal Code took effect on

January 1, 1932

In what instances are the provision of the RPC applicable even if the felony is committed outside of its jurisdiction?

All of the above

A, a crew of the Philippine vessel while on high seas killed B, his fellow crew. Which of the following statement is correct?

The RPC of the Philippines is applicable even outside of its jurisdiction because the felony occurred in a Philippines vessel.

As general rule, offense committed aboard a foreign vessel while on Philippine waters are triable before our court, except when the crimes merely affect things within the vessel or when they only refer the internal management thereof. This is called

English rule

The following are enumerations of extra-territoriality application of Revised Penal Code, except:

Crime committed on a foreign ship or airship

The following are crimes against national security and law of nations except:

Rebelion, coup d ‘etat and Sedition

Acts or omission punishable by law are called:

Felonies

The following are felonies?

Patricide, Illegal detention, Infidelity in the custody of prisoners

Felonies are committed by means of:

Both ‘a’ and ‘b’

The following are elements of intentional felonies, except:

Negligence, imprudence lack of foresight or lack of skills

The following are elements of culpable felonies except:

Intent

The following statements are correct, except:

Homicide cannot be committed without criminal intent.

Generally motive is immaterial in the commission of the crime. However motive is material in the following: .

Both ‘a’ and ‘b’

It is an absolutory cause which states that there is misapprehension of fact on the part of the person who caused injury to another who did not act with criminal intent.

Mistake of fact

which of the following refers to error in the victim of the blow, the offender intends the injury to one person but the harm fell on the another?

Aberratio ictus

Which of the following refers to the intended result falls on another due to error in identity of the victim?

Error in personae

In ___________ the injury is on the intended victim but the resulting consequences is so grave a wron than what was intended.

Praeter intentionem

It is that cause, which, in its natural and continuous consequence, unbroken by an efficient intervening cause, produces injury, and without which the result would not have occurred?

Proximate cause

Simon tried to commit suicide by jumping from the 5th floor of the school building. He survived the suicide attempt but killed Tadeo who was sitting on the bench in the campus where he jumped. Was Simon liable for the death of Tadeo. B. .

B. Yes, Simon is liable for the death of Tadeo because a felony was committed as a result of his negligent act in committing suicide

Impossible crime, is a crime against:

Person and property

A felony is ____________ when all the elements necessary for its execution and accomplishment are present.

consummated

A felony is _______________ 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 independent of the will of the perpetrator.

frustrated

A felony is ____________ when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which would produce the felony by reason of some cause or accident other than his own spontaneous desistance.

attempted

Which of the following is the classification of felony according to stage of execution?

Attempted, frustrated, and consummated

Which of the following is the classification of felony as to commission?

Grave felonies, less grave felonies, and light felonies

Which of the following is the classification of felony as to count?

Composite, compound, complex, continued, and continuing

Which of the following is not correct with respect to ‘overt acts’?

External acts which if continued will logically result in a felony., Attempted felony is that directly linked to the overt act no matter what the intention is, The overt act must be directly related to the offense committed to be considered an attempt of a felony.

Which of the following is correct with respect to desistance?

It is an absolutory cause in attempted stage which negate criminal liability because the law encourages a person to desist from committing a crime., Desistance is true only in attempted or up to the time when the offender has still control of his acts., committing a crime.

Which of the following felony do not admit frustrated stage?

All of the above

Light felonies are punishable only when they have been consummated except when:

committed against national security and law of nations, committed against property, committed against persons

In light felonies, the following are punishable:

Principal and accomplice only

Which of the following is correct in relation to conspiracy?

There is conspiracy when two or more persons come to an agreement concerning the commission of the crime and decide to commit, There are two concepts of conspiracy; conspiracy as crime itself and conspiracy as a means of committing a crime, Conspiracy may be implied

Less grave felonies are those which the law punishes with the penalties which in their maximum period are:

Correctional

The following are the distinction of entrapment and instigation

In entrapment the mens rea originated from the accused while in instigation the evil idea originated from the peace officer, Entrapment trap unwary criminal while instigation trap unwary innocent, In entrapment the peace officer is without criminal liability while in instigation the peace officer is a principal by inducement

The following are justifying circumstances except:

State of necessity, Obedience to superior order, Self defense

The following are the requisites of self defense except:

The person depending is not induced by revenge, resentment or other evil motives

Self-defense includes, except:

Defense of property

The following statements is correct with respect to unlawful aggression

There could be no defense, complete or incomplete, in the absence of unlawful aggression, Unlawful aggression is indispensable in self-defense, When the aggression no longer exists, there is no need for self-defense

The following are the elements of defense of relatives

Unlawful aggression, The person defending has no part in provocation, Reasonable necessity of the means to prevent or repel it

The following are the elements of state of necessity

The evil sought to be avoided actually exists, There is no practical or less harmful means of preventing it, The injury feared be greater than that done to avoid it

Lea set A

Christian Jay Santos · 53問 · 3年前

Lea set A