FINALS

100問 • 8ヶ月前

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is committed by any person who shall intentionally mutilate another by depriving him, either totally or partially, or some essential organ of reproduction or any other parts of the body.

MUTILATION

Is the lopping or the clipping off of some parts of the body which are not susceptible to growth again.

MUTILATION

2 kinds of mutilation

MUTILATION OF AN ESSENTIAL ORGAN FOR REPRODUCTION AND MUTILATION OF ANY OTHER PART OF THE BODY

Mutilation must ____________

HAVE NO INTENT TO KILL

It is committed by any person who shall wound, beat, or assault another.

SERIOUS PHYSICAL INJURY

It is committed by any person who, without intent to kill,shall inflict upon another any serious, physical injury, by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity.

ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES

It is committed by Any person who shall inflict upon another physical injuries not described in Articles 263 and 264, but which shall incapacitate the offended party for labor for ten (10) days or more, or shall require medical assistance for the same period.

LESS SERIOUS PHYSICAL INJURY

It is committed when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one (1) day to nine (9) days, or shall require medical attendance during the same period.

SLIGHT PHYSICAL INJURIES

It is committed when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance.

SLIGHT PHYSICAL INJURIES

It is committed when the offender shall ill-treat another by deed without causing any physical injuries

MALTREATMENT

What are the proof needed for the accusation of rape?

VICTIM'S TESTIMONY NOT NECESSARILY THE MEDICAL FINDINGS

money, price or consideration paid or demanded for redemption of a captured persons, a payment that releases from captivity

RANSOM

The crime is kidnapping and serious illegal detention when the private individual detains another person that lasted how many day?

MORE THAN 3 DAYS

Three armed men entered a home and forcibly took 10-year-old Carla. They brought her to a remote location and kept her there for a week. During that time, they demanded P5 million from her parents in exchange for her release. The child was rescued by the police before any money was paid. What was the crime committed by the three armed men?

KIDNAPPING AND SERIOUS ILLEGAL DETENTION

Julio, a disgruntled former employee, forcibly took his former boss, Mr. Sison, and locked him inside a warehouse. He tied him up and left him there for two days without food and water, demanding that Mr. Sison retract a criminal complaint against him. Mr. Sison was released after Julio's friend convinced him to let him go. What was the crime committed by Julio?

SLIGHT ILLEGAL DETENTION

Is voluntarily release has effect in the crime of Kidnapping and Serious illegal detention?

NO EFFECT

Is voluntarily release has effect in the crime of slight illegal detention?

IT HAS EFFECT

Does a criminal who committed kidnapping and serious illegal detention have any privileged mitigating circumstances?

Does a criminal who committed slight illegal detention have any privileged mitigating circumstances?

YES

It is committed by any private individual who shall commit the crimes described in Article 267 without the attendance of any of the circumstances enumerated therein.

SLIGHT ILLEGAL DETENTION

if a public officer arrests someone while not in the line of duty, it can be considered ____________, even if the person arrested is actually guilty of a crime. The arrest is unlawful because the officer is not exercising their authority as a public officer.

UNLAWFUL ARREST

PO1 Reyes, while off-duty and not in uniform, sees a man, Carlo, arguing loudly with someone outside a store. Without verifying if any crime was committed, Reyes approaches, identifies himself as a police officer, and forces Carlo into his private vehicle, handcuffs him, and brings him to the barangay hall. It was later found that Carlo had committed no crime. What was the crime committed by PO1 Reyes?

UNLAWFUL ARREST

It is committed by any person who, being entrusted with the custody of a minor person, shall deliberately fail to restore the latter to his parents or guardians.

KIDNAPPING AND FAILURE TO RETURN A MINOR

It is committed by any person who, in any case other than those authorized by law, or without reasonable ground therefor, shall arrest or detain another for the purpose of delivering him to the proper authorities.

UNLAWFUL ARREST

It is committed by anyone who shall induce a minor to abandon the home of his parents or guardians or the persons entrusted with his custody.

INDUCING A MINOR TO ABANDON HIS HOME

It is committed by anyone who shall purchase, sell,kidnap or detain a human being for the purpose of enslaving him.

SLAVERY

It is committed by anyone who, under the pretext of reimbursing himself of a debt incurred by an ascendant,guardian or person entrusted with the custody of a minor, shall, against the latter's will, retain him in his service.

EXPLOITATION OF CHILD LABOR

It is committed by any person who, in order to require or enforce the payment of a debt, shall compel the debtor to work for him, against his will, as household servant or farm laborer.

SERVICES RENDERED UNDER COMPLUSION IN PAYMENT OF DEBT

Mark sees a man who was hit by a motorcycle lying on the road, bleeding and unconscious. He has a cellphone and a car but decides not to help and walks away, thinking it’s not his problem. He could’ve helped without risk. What was the crime committed by mark?

ABANDONMENT OF PERSONS IN DANGER

Anna accidentally hits a pedestrian while driving. The man falls and hits his head. Afraid of getting caught, she speeds off instead of helping or calling for medical assistance. What was the crime committed by Anna?

ABANDONMENT OF ONE'S OWN VICTIM

It is committed by anyone who shall fail to render assistance to any person whom he shall find in an uninhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense.

ABANDONMENT OF PERSONS IN DANGER

It is committed by anyone who shall fail to help or render assistance to another whom he has accidentally wounded or injured.

ABANDONMENT OF ONE'S OWN VICTIM

Is there a crime of frusrated rape?

In Statutory rape what is the age of victim?

Below 16 years and the age gap is not more than 3 years between the victim

Marital Rape is between ______

SPOUSE

is the basic act of taking or detaining someone against their will.

KIDNAPPING

A kidnapping that is further aggravated by specific circumstances, making it a more serious crime.

SERIOUS ILLEGAL DETENTION

The individual is detained against his/her will committed by simulating public authority. What was the crime committed?

SERIOUS ILLEGAL DETENTION

Any act which inflicts physical or psychological injury, cruelty, or neglect, or which harms the child’s moral development.

CHILD ABUSE

Mark, a 13-year-old boy, was made to work 12 hours a day carrying sacks of rice in a warehouse. He is not paid properly and cannot attend school because of his job. What crime was committed?

CHILD EXPLOITATION UNDER R.A. 7610

any building or structure exclusively devoted for rest and comfort

DWELLING PLACE

Entering the dwelling of another against their will, without violence or intimidation.

TRESPASS TO DWELLING

Entering the dwelling of another against their will and the trespass is committed with violence or intimidation.

QUALIFIED TRESPASS TO DWELLING

Salvador Marzalado, Jr. forcibly entered a leased unit occupied by Cristina Albano by changing the padlock and removing her belongings without her consent. What was the crime committed by the former?

QUALIFIED TRESPASS TO DWELLING

Gabriel and Natividad posed as Meralco inspectors and entered the bedroom of Sherman and Josefina Jones without consent, searching for alleged electricity theft devices. What was the crime committed by the Gabriel and Natividad?

TRESPASS TO DWELLING

It is committed by any person who shall enter the closed premises or the fenced estate of another, while either or both of them are uninhabited, if the prohibition to enter be manifest and the trespasser has not secured the permission of the owner or the caretaker thereof.

OTHER FORMS OF TRESPASS

Teddy and Teofilo entered a fenced, uninhabited private lot without the owner's permission. They claimed the land was theirs, but had no legal documents to prove it. The landowner filed a complaint. What crime did they commit?

OTHER FORMS OF TRESPASS

It is committed by any person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime.

GRAVE THREATS

Atty. Cruz received a letter from Mr. Reyes, stating: “If you do not give me ₱10,000 within five days and make a public apology, I will file a complaint to have you disbarred.” Atty. Cruz felt intimidated and reported the incident to the police. What crime did Mr. Reyes commit?

LIGHT THREATS

Ronnie got into a heated argument with Shirley over a parking issue. In the middle of the confrontation, Ronnie pulled out a gun and pointed it at her, shouting threats. He did not fire the weapon, nor did he intend to kill her, but Shirley became afraid and reported the incident. What crime did Ronnie commit?

OTHER LIGHT THREATS

After being convicted of light threats under Article 283, Lito was still making indirect threats to the same victim. The court feared Lito might act on his threats. Under the law, what can the judge legally impose on Lito aside from the penalty?

A BOND FOR GOOD BEHAVIOR

What is the crime involves using violence, threats, or intimidation to prevent someone from doing something not prohibited by law or to compel them to do something against their will.

GRAVE COERCION

It is committed by any person who, by means of violence, shall seize anything belonging to his debtor for the purpose of applying the same to the payment of the debt.

LIGHT COERCION

It any conduct which annoys, vexes, disturbs or irritates another, provided there was no force, threat, violence or intimidation.

UNJUST VEXATION

any person, agent or officer of any association or corporation who shall force or compel, directly or indirectly, or shall knowingly permit any laborer or employee employed by him or by such firm or corporation to be forced or compelled, to purchase merchandise or commodities of any kind.

OTHER SIMILAR COERCION

any person who shall pay the wages due a laborer or employee employed by him, by means of tokens or objects other than the legal tender currency of the Philippines, unless expressly requested by the laborer or employee.

OTHER SIMILAR COERCION

A crime that is compelling another, by means of violence, threats or intimidation, to do something against his will, whether it be right or wrong

GRAVE COERCION

is a mode of robbery where violence or intimidation is committed against another person.

ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS

it refers to cases where robbery is accompanied by physical injuries and occurs in a place where there is no dwelling, or by a group of three or more armed malefactors acting together.

ROBBERY WITH PHYSICAL INJURIES AND COMMITTED UNINHABITED PLACE AND BY A BAND OR USE OF FIREARMS

What do we call to at least 4 armed malefactors take part in commission of a robbery, it is deemed to be committed by a band

BAND

A law penalizes timber smuggling and illegal cutting of logs from public forests as qualified theft, emphasizing the importance of preserving these forests for future generations and repealing inconsistent laws.

P.D. 330

refers to a band of three or more armed persons who commit robbery in the highway or kidnapping for ransom, and are deemed highway robbers

BRIGANDS

It is the taking of personal property belonging to another, with intent to gain, by means of violence against or intimidation of any person or using force upon anything.

ROBBERY

It is committed when the robbery shall have been accompanied by rape.

ROBBERY WITH RAPE

It is committed when by reason or on the occasion of robbery, the crime of homicide shall have been committed.

ROBBERY WITH HOMICIDE

It is committed by any person who shall without lawful cause have in his possession picklocks or similar tools especially adopted to the commission of the crime of robbery.

ILLEGAL POSSESSION OF PICKLOCKS AND OTHER SIMILAR TOOLS

It is committed by Any person knowingly and in any manner aiding, abetting or protecting a band of brigands as described in Article 306, or giving them information of the movements of the police or other peace officers of the Government, when the latter are acting in aid of the Government, or acquiring or receiving the property taken by such brigands

AIDING AND ABETTING A BAND OF BRIGANDS

It is the seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of person or force upon things of other unlawful means, committed by any person on any Philippine Highway.

BRIGANDAGE

is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter's consent.

THEFT

It's theft committed with certain aggravating circumstances, such as involving a domestic servant, grave abuse of confidence, or stealing items like motor vehicles or large cattle.

QUALIFIED THEFT

It is committed any person who taking advantage of the inexperience or emotions or feelings of a minor, to his detriment, shall induce him to assume any obligation or to give any release or execute a transfer of any property right in consideration of some loan of money, credit or other personal property, whether the loan clearly appears in the document or is shown in any other form.

SWINDLING A MINOR

It is committed by any person who shall defraud or damage another by any other deceit not mentioned in Articles 315, 316 and 317.

OTHER DECEITS

One (1) or more buildings or edifices, consequent to one single act of burning, or as a result of simultaneous burnings, committed on several or different occasions.

DESTRUCTIVE ARSON

is a crime committed by any person who burns or sets fire to the property of another.

SIMPLE ARSON

It is committed by any person who shall deliberately cause the property of another any damage not falling within the terms of the next preceding chapter.

MALICIOUS MISCHIEF

It is the willful damaging of another's property by any act not constituting arson or crimes of destruction due to hate, revenge, or mere pleasure of destroying.

MALICIOUS MISCHIEF

is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void.

ADULTERY

It is committed by any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place.

CONCUBINAGE

It is the act of making a physical contact with the body of another person for the purposeof obtaining sexual gratification other than, or without intention of, sexual intercourse.

ACT OF LASCIVIOUSNESS

The seduction of a minor, sixteen and over but eighteen years of age, committed by any person in public authority, priest, home-servant, domestic guardian, teacher, or any person who, in any capacity shall be entrusted with the education or custody of the minor seduced.

QUALIFIED SEDUCTION

Seduction of a minor, sixteen and over but under 18 committed by means of deceit

SIMPLE SEDUCTION

It is committed by any other acts of lasciviousness committed by the same persons and the same circumstances as those provided in Articles 337 and 338.

ACT OF LASCIVIOUSNESS WITH THE CONSENT OF OFFENDED PARTY

The abduction of any woman against her will and with lewd designs.

FORCIBLE ABDUCTION

What is the crime if the accused carried or took away the victim by means of force and with lewd design and thereafter raped her.

FORCIBLE ABDUCTION WITH RAPE

The abduction of a virgin over twelve years and under eighteen years of age, carried out with her consent and with lewd designs.

CONSENTED ABDUCTION

It is a crime committed by any person who shall usurp the civil status of another.

USURPATION OF CIVIL STATUS

It is the act of pretending to be another person so as to enjoy the latter's rights, filiations, paternity or conjugal rights, including his profession or public status.

USURPATION OF CIVIL STATUS

Anna received a series of private messages via Facebook Messenger from Ben, containing rude and insulting remarks that she found personally offensive. Feeling humiliated, Anna took screenshots of the messages and posted them publicly on her social media account, causing others to react and criticize Ben. Anna now wants to file a complaint for cyber libel against Ben. Is Ben liable for the crime of Cyber Libel?

During a public meeting, Juan slapped Pedro in front of several people after an argument. What is the crime committed by the former?

SLANDER BY DEED

Any person who makes or draws and issues any check to apply on account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment, which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment

BOUNCING CHECK

It is committed by any intrigue which has for its principal purpose to blemish the honor or reputation of a person.

INTRIGUING AGAINST HONOR

consists in voluntarily, but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place.

RECKLESS IMPRUDENCE

consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest.

SIMPLE IMPRUDENCE

This refers to falsely representing a birth, potentially creating a false record of a child's birth or making it appear that a person is the parent of a child who is not.

SIMULATION OF BIRTH

This involves replacing one child with another, often to confuse or mislead others, or to defraud the rightful parents.

SUBSTITUTION OF ONE CHILD FOR ANOTHER

Intentionally hiding or leaving a child with the intent to deprive it of its civil status (legal recognition and rights).

CONCEALMENT OR ABANDONMENT OF LEGITIMATE CHILD

is defined as the act of buying, receiving, possessing, keeping, acquiring, concealing, selling, or disposing of any item that the person knows or should reasonably know was obtained from a crime like robbery or theft.

FENCING

includes any person, firm, association corporation or partnership or other organization who/which commits the act of fencing.

FENCE

refers to altering boundary markers or monuments of towns, provinces, or estates, or any other marks indicating boundaries

ALTERING BOUNDARIES OR LANDMARKS

100

is a form of security agreement where personal property, like a vehicle or equipment, is used as collateral for a loan or debt. It's a conditional sale of personal property where the ownership transfers to the mortgagee (creditor) but is voided if the debt is repaid.

CHATTEL MORTGAGE

CLJ1 FINALS

Adrian Ramirez · 95問 · 2年前

CLJ1 FINALS