LAW BOOK 1, aklat

62問 • 3年前

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act revising the penal code and other penal laws or the "Revised Penal Code of the Philippines." This took effect on January 1, 1932 (Art 1., RPC).

act no 3815

is that branch of division of law which defines crime, treats of its nature, and provides for its punishment.

Criminal Law

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

Crime

Criminal law is binding on all persons who live or sojourn in the Philippine territory.

General

Criminal laws undertake to punish crimes committed within Philippine territory.

Territorial

Is that a penal law cannot make an act punishable in a manner in which it is not punishable when it is committed.

Prospective

There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill

Felonies

must be understood as any bodily movement tending to produce some effect in the external world, it being unnecessary that the same be actually produced, as the possibility of its production is sufficient.

Act

is meant inaction, the failure to perform a positive duty which one is bound to do. There must be a law requiring the doing or performance of an act.

Omission

the act is performed with deliberate intent, or with malice. The offender, in performing the act or in incurring the omission. has the intention to cause an injury to another.

Intentional Felonies

The injury caused by the offender to another person is "unintentional, it being simply the incident of another act performed without malice."

Culpable felonies

wrongful from their nature, such as theft, rape, homicide, etc.,, are those crimes which are so serious in their effects on society as to call for almost unanimous condemnations of its

Mala in-se

wrong merely because they are prohibited by statute, such as illegal possession of firearms., refers generally to acts made criminal by special laws.

Mala-prohibita

that the act performed would be an offense against persons or property; that the act was done with evil intent;that its accomplishment was inherently impossible, or that the means employed were either inadequate or ineffectual; and that the act performed should not constitute a violation of another provision of the Revised Penal Code.

Impossible crime

It is consummated when all the elements necessary for its execution and accomplishment are present. In consummated felony, all the elements necessary for its execution and accomplishment are present.

Consumated felonies

when the offender performs all the acts of execution Conspira 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

when the offender commences the commission of a felony directly or 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 his own spontaneous desistance.

Attempted

is some physical activity or deed, indicating the intention to commit a particular crime, more than a mere planning or preparation,

Overt act

are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding P200 or both, is provided

Light felonies

are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25, RPC,

Grave felonies

are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned article.

Less Grave felonies

are those infractions of law for the commission of which a penalty of arresto menor or a fine not exceeding 200 pesos or both, is provided (Art. 9, RPC).

Light felonies

are statutes enacted by the Legislative branch, and which is penal in character which is not an amendment to the RPC.

Special laws

Is the quality by which an act may be ascribed to a person as its author or owner. It implies that the act committed has been freely and consciously done and may, therefore, be put doer as the doer as his very own.

Imputability

is the obligation of suffering the consequence of crimes. It is the obligation of taking the penal and civil consequences of such a deed. While imputability implies that a deed may be imputed to a person, responsibility implies that the person must take the consequence of such a deed.

Responsibility

is an element of responsibility, for a man cannot be made to answer for the consequences of a crime unless he or she is guilty.

Guilt

are those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and it is free from both criminal and civil liability.

Justifying circumstances

includes not the defense of the person or body of the one assaulted but also that of his rights, that is, those rights the enjoyment of which is protected by law

Self-defense

is equivalent to assault or at least threatened assault of an immediate or imminent kind.

Unlawful aggression

are those grounds for exemption from punishment because there is wanting in the agent of the crime of any of the conditions which make the act voluntary or negligent.

Exempting circumstances

means the mental capacity of a minor between 9 and 15 years of age to fully appreciate the consequence of his unlawful act.

Discernment

refers to the desired act of the person, while "discernment" relates to the moral significance that a person ascribes to the said act.

Intent

is something that happens outside the sway of our will and although it comes about through some act of our will, lies beyond the bounds of humanly foreseeable consequences

accident

the offender uses violence or physical force to compel another person to commit a crime,

irresistible force

the offender employs intimidation or threat in compelling another to commit a crime.

uncontrollable fear,

are those where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed. Where the act committed is a crime, but for some reason of public policy and sentiment, there is not penalty imposed.

Absolutory causes

the means originates from the mind of the criminal. The idea and the resolve to commit crime come from him. In instigation, the law enforcer conceives and suggests to the accused who adopt the idea and carries it into execution.

entrapment

the instigator practically induces the would-be accused into the commission of the offense and himself become a co principal

instigation

are those which, if present in the commission of a crime, do not entirely free the actor from criminal liability, but serve only to reduce the penalty.

Mitigating circumstances

is understood as any unjust or improper conduct or act of the offended party, capable of exciting, inciting or irritating any one.

Provocation

It is the act of vindicating or the state of being vindicated or it is a form of evidence, facts, statements or arguments that justify a claim or belief, specifically on justification against denial or censure.

Vindication

It is a term applied to a very strong feeling about a person or thing, or it is an intense emotion compelling feeling, enthusiasm, or desire for something.

Passion

refers to the act or an instance of making something obscure, dark, or difficult to understand, or to make things or situations so confused or opaque as to be difficult to perceive or understood by the offender

Obfuscation

is any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or damaged itself.

Aggravating

sometimes also called a person with authority is a public officer who is directly vested with jurisdiction, that is, a public officer who has the power to govern and execute the laws.

public authority

is one where there are no houses at all, a place at a considerable distance from town, or where the houses are scattered at a great distance from each other.

uninhabited place

Whenever more than three malefactors shall have acted together the commission of an offense, it shall be deemed to have been committed by a band.

Band

is 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 Revised Penal Code.

recidivist

when a person, within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification,

habitual delinquency

Any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony.

Quasi- Recidivism

the use of intellectual trickery or cunning on the part of the accused. It is not attendant where the accused was practically in a stupor when the crime was committed.

Craft involves

when the offender commits any of the crimes - against the person, employing means, methods or forms in the execution thereof which tend directly, and especially to insure its execution, without risk to himself or herself arising from the defense which the offended party might make.

treachery

which adds disgrace and obloquy to the material injury caused by the crime. n a case where the crime committed is rape and the accused abused the victims from behind, the Supreme Court considered the crime as aggravated by _________?

Ignominy

when an entrance is effected by a way not intended for the purpose. Unlawful entry must be a means to effect entrance and not for escape.

unlawful entry

when the culprit enjoys and delights in making his victim suffer and gradually causing him unnecessary physical pains the consummation of the criminal act.

cruelty

are those which much be taken into consideration as aggravating or mitigating according to the nature and effects of crime and other condition attending its commission, i.e., relationship, intoxication, and degree of instruction or education of the offender.

Alterative circumstances

The mere fact that the accused had been drinking intoxicating liquor about seven months and that he had been drunk once or twice

Intoxication habitual

is the suffering that is inflicted by the state for the transgression of law.

Penalty

Dolo means

deceit

Culpa means

fault

act revising the penal code and other penal laws or the "Revised Penal Code of the Philippines." This took effect on January 1, 1932 (Art 1., RPC).

act no 3815

act revising the penal code and other penal laws or the "Revised Penal Code of the Philippines." This took effect on January 1, 1932 (Art 1., RPC).

act no 3815

Lea set A

Christian Jay Santos · 53問 · 3年前

Lea set A