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Criminal Law 1

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Criminal law RPC (Book 1) Criminal Law - a branch of municipal law which denes crimes, treats of their nature and proides for their punishment! Characteristics of Criminal Law 1! "eneral #! $erritorial %! Prospectie "eneral - bindin& on all persons who reside or so'ourn in the Philippines!   ceptions* 1! $reat+ tipulation #! Laws of Preferential Preferential pplication %! Principles of Public .nternational Law e! 1! oerei&ns and other chief of state #! mbassadors, /inister resident, and char&es d0 aaires 2ote* Consuls, 3ice Consuls, and other forei&n commercial representaties representaties can not claim the priile&es and immunities accorded to ambassadors and ministers!  $erritorial  $erritorial - Penal Penal laws of the Philippines Philippines are enforceable enforceable onl+ within its territor+! ception* rt! # of the RPC - bindin& een on crimes committed outside the Philippines! 1! 4enses committed while on a Philippine ship or airship! #! 5or&in& 5or&in& or counterfeitin& an+ coin or currenc+ note of the Philippines or obli&ations and securities issued b+ the &oernment! %! .ntroduction into the countr+ of the aboe mentioned obli&ations and securities! 6! 7hile bein& public o8cers and emplo+ees, an oense is committed in the eercise eercise of their functions! 9! Crimes a&ainst the 2ational ecurit+ and the Law of the 2ations! Prospectie - $he law does not hae an+ retroactie retroactie eect! ception* 7hen the law is faorable to the   accused! ception to the ception* 1! $he 2ew Law is epressl+ made inapplicable to pendin& actions or eistin& causes of

 

action! #! 4ender is a habitual criminal!

 $heories of Criminal Law 1! Classical $heor+ - basis is man0s man0 s free will to choose between &ood and eil, that is wh+ more stress is placed upon the result of the felonious act than upon the criminal himself! $he purpose of penalt+ is retribution! $he RPC is &enerall+ &oerned b+ this theor+! #! Positiist $heor+ - basis is the sum of social and economic phenomena which which conditions conditions man to do wron& in spite spite of or contrar+ to his olition! $his is eemplied eemplied in the proisions on impossible impossib le crimes and habitual delin:uenc+ delin:uen c+!! %! /ied $heor+ - combination of the classical and positiist theories wherein crimes that are economic and social in nature should should be dealt in in a positie manner! manner! $he law is thus more compassionate! Construction of Penal Laws 1! Liberall+ construed in faor of oender! ample* a! $he oender must clearl+ fall within the terms of the law! law! b! n act is criminal onl+ when made so b+ the statute! #! .n cases of con;ict with o8cial translation, ori&inal panish tet is controllin&! %! 2o interpretation b+ analo&+! Limitations on Power of Con&ress to nact Penal Laws 1!  Post 5acto Law #! Bill of ttainder %! Law that iolates the e:ual protection clause of the   constitution! 6! Law which imposes cruel and unusual punishments nor ecessie nes!

Criminal Law Reiew <uestions 1 1!  Branch of municipal law which denes crimes, treats of  their nature and proides for their punishment! ! Procedural Law B! Ciil Law C! Criminal Law

=! Political Law #! 4ne of the followin& is not a characteristic of criminal law! ! "eneral B! $erritorial C! Prospectie =! Retroactie %! Criminal law is bindin& on all person who reside or so'ourn in the Philippines! $his characteristic of criminal law is known as ! "eneral B! $erritorial C! Prospectie =! Retroactie 6! 4ne of the characteristics of criminal law is &eneralit+! 7hich of the followin& is not an eception to the principle of    &eneralit+! ! $reat+ tipulation B! Laws of Preferential pplication C! Principles of Public .nternational Law =! 2one of the boe 9! 4ne of the followin& person is not immune from Philippine criminal law! ! oerei&ns and other chief of state B! mbassador C! Consuls =! Char&es d0 aires >! Penal laws of the Philippines are enforceable onl+ within its territor+! $his characteristic of criminal law is known as ! "eneral B! $erritorial C! Prospectie =! 2one of the aboe ?! 4ne of the followin& is not an eceptions to the territorial principle of criminal law! ! 4enses committed while on Philippine ship or airship B! 5or&in& or counterfeitin& an+ coin or currenc+ note of  the Philippines or the obli&ations and securities issued b+ the &oernment! C! Crimes committed a&ainst national securit+ and the law of    nations! =! Crimes committed a&ainst public order!

@! Criminal law does not hae an+ retroactie eect! $his characteristic of criminal law is known as ! "eneral B! $erritorial C! Prospectie =! Retroactie A! 7hen the law is faorable to the accused, is an eception to which characteristic of criminal law! ! "eneral B! $erritorial C! Prospectie =! Retroactie 1!  $heor+ of criminal law, Basis is man0s free will to choose between &ood and eil! $he purpose of penalt+ is retribution! ! Classical $heor+ B! Positiist $heor+ C! /ied $heor+ =! 2one of the aboe! nswer* 1! #! %! 6! 9! >! ?! @! A! 1!

C =  = C B = C C 

Criminal Law Reiew <uestions # 1! Basis is the sum of social and economic phenomena which conditions man to do wron& in spite of or contrar+ to his olition! $his theor+ of criminal law is known as ! Classical $heor+ B! Positiist $heor+ C! /ied $heor+ =! 2one of the aboe #! .n the construction of penal laws, it must be   construed in faor of oender!

! trictl+ B! Liberall+ C! eerel+ =! Precisel+ %! 7hich of the followin& is not a limitation on power of  con&ress to enact penal laws! !  post facto law B! Bill of ttainder C! Law that iolates the e:ual protection clause of the constitution! =! 2one of the boe 6! $he Reised Penal Code took eect on ! /arch >, 1A#A B! /arch >, 1A% C! Danuar+ 1, 1A%# =! 5ebruar+ 1, 1A%6 9! 7hat determines whether a essel is a Philippine essel for purposes of the application of criminal lawE ! Place of Re&istration B! Place of Construction C! CitiFenship of the 4wner =! 2one of the boe >! Crimes committed aboard forei&n essel within the territorial waters of a countr+ are not triable in the courts of such countr+! .n Criminal law, this principle is known as ! $he Philippine Rule B! $he n&lish Rule C! $he 5rench Rule =! 2one of the boe ?! Crimes committed aboard a forei&n essel within the territorial waters of a countr+ are triable in the courts of such countr+! .n Criminal law, this principle is known as ! $he Philippine Rule B! $he n&lish Rule C! $he 5rench Rule =! 2one of the boe @! 5or 4enses committed aboard forei&n essel committed in Philippine waters! 7hat principle is applicable to the Philippines! ! $he Philippine Rule B! $he n&lish Rule

C! $he 5rench Rule =! 2one of the boe A! cts and omissions punishable b+ the RPC is known as ! 5elonies B! Crimes C! /isdemeanor =! 2one of the boe

1! cts and omissions punishable b+ an+ law is known as ! 5elonies B! Crimes C! /isdemeanor =! 2one of the boe nswer* 1! #! %! 6! 9! >! ?! @! A! 1!

B B = C  C B B  B

Criminal Law Reiew <uestions % 1! 5ailure to perform a dut+ re:uired b+ law! ! ception B! clusion C! oidance =! 4mission #! $here is no crime when there is no law punishin& it! .n criminal law, this principle is known as ! 2ullum crimen, nulla poene sine le&e B! .&norantia Le&is 2on cusat C! ctus 2on 5acit Reum, 2isi /ens it Rea =! ctus /e .nito 5actus 2on st /eus ctus %! $hese 5elonies are committed b+ means of deceit (dolo)! ! Culpable 5elonies B! .ntentional 5elonies

C! Gnintentional 5elonies =! 2one of the boe 6! $hese 5elonies are committed b+ means of fault! ! Culpable 5elonies B! .ntentional 5elonies C! Gnintentional 5elonies =! 2one of the boe 9! $his classication of felon+ has the followin& re:uisites, freedom, intelli&ence, and intent! ! Culpable 5elonies B! .ntentional 5elonies C! Gnintentional 5elonies =! 2one of the boe >! $his classication of felon+ has the followin& re:uisites* freedom, intelli&ence, ne&li&ence, and imprudence! ! Culpable 5elonies B! .ntentional 5elonies C! Gnintentional 5elonies =! 2one of the boe

?! 7hich of the followin& is not a characteristics of an oense mala in seE ! /oral trait of oender is considered! B! "ood 5aith is a defense C! /iti&atin& and a&&raatin& circumstances taken into account in imposin& penalt+ =! =e&ree of participation when there is more than one oender is &enerall+ not taken into account @! 7hich of the followin& is not a characteristic of an oense mala prohibitaE ! /iti&atin& and a&&raatin& circumstance is not &enerall+ taken into account B! =e&ree of accomplishment of the crime is taken into account onl+ when consummated C! "ood 5aith is not a defense =! /oral trait of oender is considered! A! /oin& power which impels one to act! ! /otie B! .ntent C! Purpose

=! 2one of the boe 1! Purpose to use a particular means to eect a result! ! /otie B! .ntent C! Purpose =! 2one of the boe nswer* 1! #! %! 6! 9! >! ?! @! A! 1!

=  B  B  = =  B

Criminal Law Reiew <uestions 6 1! .n Criminal Law, rror in Personae means ! /istake in .dentit+ B! /istake in Blow C! Lack of intent to commit so &rae a wron& =! 2one of the boe #! .n Criminal Law, bberatio .ctus means ! /istake in .dentit+ B! /istake in Blow C! Lack of .ntent to commit so &rae a wron& =! 2one of the boe %! .n Criminal Law, Praetor .ntentionem means ! /istake in .dentit+ B! /istake in Blow C! Lack of intent to commit so &rae a wron& =! 2one of the boe 6! $he cause which in the natural and continuous se:uence, unbroken b+ an+ e8cient interenin& cause, produces the in'ur+ without which the result would not hae occurred! ! .mmediate Cause B! .nterenin& Cause C! Proimate Cause =! 2atural Cause

9! 7hich of the followin& is not a re:uisites of an impossible   crimeE ! ct would hae been an oense a&ainst persons or   propert+ B! ccomplishment is inherentl+ impossible or inade:uate or ineectual or ineectual means are emplo+ed C! ct is not an actual iolation of another proision of the RPC or of special law! =! $here was no criminal intent >!  ta&e in the eecution of felonies when all the elements necessar+ for its eecution and accomplishment are present! ! Consummated B! 5rustrated C! ttempted =! 2one of the boe ?! $his ta&e in the eecution of felonies hae the followin& elements* a! oender performs all acts of eecution b! ll the acts would produce the felon+ as a conse:uence c! But the felon+ is not produce d! B+ reason of causes independent of the will of the perpetrator! ! Consummated B! 5rustrated C! ttempted =! 2one of the boe @! $his ta&e in the eecution of felonies hae the followin& elements* a! 4ender commences the felon+ directl+ b+ oert acts b! =oes not perform all acts which would produce the felon+ c! His acts are not stopped b+ his own spontaneous   desistance ! Consummated B! 5rustrated C! ttempted =! 2one of the boe A! .n the sta&es of eecution of felonies, the element that all acts of eecution are present, must be present in ! ttempted and 5rustrated B! ttempted and Consummated C! 5rustrated and Consummated =! 5rustrated and ttempted 1! 7hich of the followin& do not admit of frustrated and attempted sta&esE

! 4enses punishable b+ special penal laws B! 5ormal Crimes C! .mpossible Crimes =! ll of the boe

nswer* 1! #! %! 6! 9! >! ?! @! A! 1!

 B C C =  B C C =

Criminal Law Reiew <uestions 9 1! 7hich of the followin& crimes do not admit of frustrated   sta&e! ! Rape B! Briber+ C! dulter+ =! ll of the boe #! $he "eneral Rule is that li&ht felonies are punishable onl+ when the+ hae been consummated! 4ne of the followin& is an eception! ! .f committed a&ainst the law of the nation B! .f committed a&ainst public order C! .f committed a&ainst persons or propert+ =! 2one of the boe %! $wo or more persons come to an a&reement for the commission of a felon+ and the+ decide to commit it! ! Proposal B! Conspirac+ C! &reement =! 2on of the boe 6!  Person has decided to commit a felon+ and proposes its eecution to some other person!

! Conspirac+ to commit a felon+ B! Proposal to commit a felon+ C! &reement to commit a felon+ =! 2one of the boe 9! Gnder the RPC , aIictie penalties are imposed for a ! "rae 5elonies B! Less "rae 5elonies C! Li&ht 5elonies =! 2one of the boe >! Gnder the RPC, Correctional penalties are imposed for a ! "rae 5elonies B! Less "rae 5elonies C! Li&ht 5elonies =! 2one of the boe ?! Gnder the RPC, aresto menor is imposed for a ! "rae 5elonies B! Less "rae 5elonies C! Li&ht 5elonies =! 2one of the boe @! Li&ht 5elonies are punishable b+ ! 1 da+ to % da+s B! 1 month and 1 da+ to > months C! > months and 1 da+ to > +ears =! > +ears and 1 da+ to 1# +ears A! 7here the act of a person is in accordance with law, such person is deemed not to hae iolated the law! ! /iti&atin& circumstance B! &&raatin& circumstance C! Dustif+in& circumstance =! emptin& circumstance 1! "rounds for eception from punishment because there is wantin& in the a&ent of the crime an+ of the conditions which make the act oluntar+ or ne&li&ent! ! /iti&atin& circumstance B! &&raatin& circumstance C! Dustif+in& circumstance =! emptin& circumstance nswer* 1!

=

#! %! 6! 9! >! ?! @! A! 1!

C B B  B C  C =

Criminal Law Reiew <uestions > 1!4ne while adanced in a&e has a mental deelopment comparable to that of children between # and ? +ears old! He is eempt in all cases from criminal liabilit+! ! .nsane B! .mbecile C! tupid =! 2one of the boe #! 4ne who acts with complete depriation of intelli&ence or reason or without the least discernment or with total depriation of freedom of will! ! .nsane B! .mbecile C! tupid =! 2one of the boe %! 4ender uses iolence or ph+sical force to compel another person to commit a crime! ! .rresistible 5orce B! Gncontrollable 5ear C! =uress =! 2one of the boe 6! 4ender emplo+s intimidation or threat in compellin& another to commit a crime! ! .rresistible 5orce B! Gncontrollable 5ear C! =uress =! 2one of the boe 9! $he Duenile Dustice and 7elfare ct is known as ! R!! A%6% B! R!! A6%6 C! R!! A6%% =! R!! A%66

>! /ental capacit+ to full+ appreciate the conse:uences of  the unlawful act! ! /otie B! .ntent C! =iscernment =! 2one of the boe ?! ctus /e .nito 5actus 2on st /eus ctus means ! n+ act done b+ me a&ainst m+ will is not m+ act B! 2o intent to commit so &rae a wron& C! He who is the cause of the cause is the cause of the eil   caused =! 2one of the boe @! ome motie which has lawfull+, morall+, or ph+sicall+ preented a person to do what the law commands! ! bsolutor+ cause B! .nsuperable cause C! /iti&atin& circumstance =! 2one of the boe A! 7here the act committed is a crime but for some reason of  public polic+ and sentiment, there is no penalt+ imposed! ! bsolutor+ cause B! .nsuperable cause C! /iti&atin& circumstance =! 2one of the boe 1! $hose which if present in the commission of the crime reduces the penalt+ of the crime but does not erase criminal liabilit+ nor chan&e the nature of the crime! ! Dustif+in& circumstance B! /iti&atin& circumstance C! &&raatin& circumstance =! emptin& circumstance nswer* 1! B #!  %!  6! B 9! = >! C

?! @! A! 1!

 B  B

Criminal Law Reiew <uestions ?  1! n+ un'ust or improper conduct or act of the oended part+, capable of ecitin&, incitin& or irritatin& an+one! ! Proocation B! 3indication C! Passion =! 4bfuscation #! $hose which, if attendant in the commission of the crime, sere to hae the penalt+ imposed in its maimum period proided b+ law for the oense or those that chan&e the nature of the crime! ! Dustif+in& circumstances B! /iti&atin& circumstances C! emptin& circumstances =! &&raatin& circumstances %! .t is a kind of a&&raatin& circumstance which appl+ to all   crimes! ! "eneric a&&raatin& circumstance B! pecic a&&raatin& circumstance C! <ualif+in& a&&raatin& circumstance =! .nherent a&&raatin& circumstance 6!  kind of a&&raatin& circumstance that chan&e the nature of the crime! ! "eneric a&&raatin& circumstance B! pecic a&&raatin& circumstance C! <ualif+in& a&&raatin& circumstance =! .nherent a&&raatin& circumstance 9!  kind of a&&raatin& circumstance which of necessit+ accompan+ the commission of the crime! ! "eneric a&&raatin& circumstance B! pecic a&&raatin& circumstance C! <ualif+in& a&&raatin& circumstance =! .nherent a&&raatin& circumstance

>!  kind of a&&raatin& circumstance which arise under special conditions to increase the penalt+ of the oense and can not

be oset b+ miti&atin& circumstances! ! "eneric a&&raatin& circumstance B! pecial a&&raatin& circumstance C! .nherent a&&raatin& circumstance =! <ualif+in& a&&raatin& circumstance ?! .n Criminal Law, ni&httime as an a&&raatin& circumstance is also referred to as ! 4bscuridad B! =espoblado C! ncuadrilla =! 2one of the boe @! .n Criminal Law, uninhabited place as an a&&raatin& circumstance is known as ! 4bscuridad B! =espoblado C! ncuadrillia =! 2one of the boe A! .n Criminal Law, Band to be considered a&&raatin& ! $here must be three or more armed men B! $here must be four or more armed men C! $here must be e or more armed men =! $here must be si or more armed men 1! n Cuadrillia means ! Gninhabited place B! Band C! 2i&httime =! 2one of the boe nswer* 1!  #! = %!  6! C 9! = >! B ?!  @! B A! B 1! B Criminal Law Reiew <uestions @ 1! 4ne who at the time of his trial for one crime, shall hae been preiousl+ conicted b+ nal 'ud&ment of another crime

embraced in the same title of the RPC! ! Recidiist B! Habitual delin:uent C! <uasi-recidiist =! 2one of the boe #! ll of the followin& ecept one is a person in authorit+! ! Baran&a+ Chairman B! Baran&a+ $anod C! /a+or =! "oernor %! 7here the oender has been preiousl+ punished for an oense to which the law attaches an e:ual or &reater penalt+ or for two crimes to which it attaches a li&hter penalt+! $his &eneric a&&raatin& circumstance is known as ! Recidiism B! Habitualit+ C! /ulti-recidiism =! <uasi-recidiism

6! Reiteracion means ! Recidiism B! Habitualit+ C! /ulti-recidiism =! <uasi-recidiism 9! 7here a person within a period of ten +ears from the date of his release or last coniction of the crimes of serious or less serious ph+sical in'uries, robber+, theft, estafa, or falsication, is found &uilt+ of the sdaid crimes a third time or oftener! $his etra ordinar+ a&&raatin& circumstance is known as ! Recidiism B! Habitual delin:uenc+ C! Reiteracion =! <uasi-recidiism >! 7here a person commits felon+ before be&innin& to sere or while serin& on a preious coniction for a felon+! $his special a&&raatin& circumstance is known as ! Recidiism B! Reiteracion C! Habitual delin:uenc+

=! <uasi-recidiism ?! $his a&&raatin& circumstance inoles the use of  intellectual tricker+ or cunnin& on the part of the accused! ! Craft B! 5raud C! =is&uise =! 2one of the boe @! $his a&&raatin& circumstance inoles the use of insidious words or machinations to induce the ictim to act in a manner which would enable the oender to carr+ out his desi&n! ! Craft B! 5raud C! =is&uise =! 2one of the boe A! $his a&&raatin& circumstance inoles resortin& to an+ deice to conceal identit+! ! Craft B! 5raud C! =is&uise =! 2one of the boe 1! stucia means ! Craft B! 5raud C! =is&uise =! 2one of the boe 11! =isfraF means ! Craft B! 5raud C! =is&uise =! 2one of the boe

nswer* 1!  #! B %! B 6! B 9! B >! = ?!  @! B A! C

1!  11! C Criminal Law Reiew <uestions A 1! 7hen the oender commits an+ of the crimes a&ainst the person, emplo+in& means, methods or forms in the eecution thereof which tend directl+ and speciall+ to insure its eecution without risk to himself arisin& from the defense which the oended part+ mi&ht make! ! ident Premeditation B! stucia C! =isfraF =! $reacher+ #!  Circumstance pertainin& to the moral order which adds dis&race and oblo:u+ to the material in'ur+ caused b+ the crime! ! stucia B! =isfraF C! .&nomin+ =! 4bscuridad %! $his &&raatin& Circumstance is present when the culprit en'o+s and deli&hts in makin& his ictim suer slowl+ and &raduall+, causin& unnecessar+ ph+sical pain in the consummation of the criminal act! ! .&nomin+ B! Cruelt+ C! 4bscuridad =! =isfraF

6! 7hich of the followin& is not one of the three t+pes of principalsE ! Principal b+ =irect Participation B! Principal b+ .nduction C! Principal b+ .ndispensable Cooperation =! 2one of the boe 9! Persons who do not act as principals but cooperate in the eecution of the oense b+ preious and simultaneous acts, which are indispensable to the commission of the   crime! ! Principal B! ccomplice C! ccessor+

=! 2one of the boe >!  Person receied and used propert+ from another, knowin& it was stolen! $his is an eample of a ! Principal B! ccomplice C! ccessor+ =! 2one of the boe ?! Placin& a weapon in the hand of the dead who was unlawfull+ killed to plant eidence or bur+in& the deceased who was killed b+ the mastermind! $his is an eample of  !  Principal B! n ccomplice C! n ccessor+ =! 2one of the boe @! $his Law penaliFes the act of an+ person who knowin&l+ or willfull+ obstructs, impedes, frustrates or dela+s the apprehension of suspects and the inesti&ation and prosecution of criminal cases! ! P!=! 1A#@ B! P!=! [email protected]# C! P!=! [email protected]#A =! P!=! [email protected]#

A! $his Law penaliFes the act, with intent to &ain, of bu+in&, sellin&, receiin&, possessin&, keepin&, or in an+ other manner dealin& in an+thin& of alue which a person knows or should hae known to be deried from the proceeds of the crime of robber+ or theft! ! P!=! 1#>1 B! P!=! 1#1> C! P!=! 1>#1 =! P!=! 1>1# 1! 4ne of the followin& accessor+ is not eempt from criminal   liabilit+! ! 7hen the Principal is his pouse B! 7hen the Principal is his scendant C! 7hen the Principal is his =escendant =! 2one of the boe

nswer* 1! = #! C %! B 6! = 9! B >! C ?! C @! C A! = 1! =

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