1
Q
How are felonies committed?
A
Felonies are committed by means of deceit (dolo) or fault (culpa). Deceit involves deliberate intent, while fault results from imprudence, negligence, lack of foresight, or lack of skill.
2
Q
Culpable Crimes
A
Committed by means of negligence or imprudence. Imprudence indicates a deficiency of action. Negligence indicates a deficiency of perception.
3
Q
Intentional Felonies
A
Committed by means of dolo. Requires the criminal act and the criminal intent.
4
Q
Actus Reus
A
The criminal act required to consummate a felony.
5
Q
Mens Rea
A
To consummate a crime, the criminal act must be accompanied with the criminal intent because an act is not criminal unless the mind of the actor is criminal.
6
Q
What are the elements of criminal liability?
A
The elements of criminal liability are: (1) Committing a felony even if the wrongful act differs from the intended act; (2) Performing an act that would be an offense against persons or property, but is inherently impossible or due to inadequate means.
7
Q
What is mistake of fact?
A
Mistake of fact is a misapprehension of a fact that, if true, would justify the act or omission subject to prosecution. A reasonable mistake of fact can negate the intent component of the crime.
8
Q
Exception to mistake of fact
A
- Where, under the circumstances, one voluntarily committing a crime incurs criminal liability for any wrongful act committed by him, even though it is different from that which he intended to commit
- Where the circumstances demand a conviction under criminal negligence.
9
Q
What is motive
A
It is the reason which prompts the accused in committing a crime. It is not an essential element of a crime.
10
Q
Is motive indicative of guilt?
A
Motive alone is not proof of the commission of a crime, much less guilt of the accused. Motive cannot take the place of proof beyond reasonable doubt, sufficient to overthrow the presumption of innocence.
11
Q
What are the requirements for invoking mistake of fact as a defense?
A
The requirements are:
- That the acts done would have been lawful had they been as the accused believed them to be
- That the mistake of fact is not due to negligence
- The mistake is not accompanied with criminal intent
12
Q
What is proximate cause?
A
Proximate cause is the cause that produces the injury in a natural and continuous sequence, without which the result would not have occurred.
13
Q
Is proximate cause the same as immediate cause?
A
No, proximate cause differs from immediate cause, which focuses on the direct, closest act before the resulting injury.
14
Q
A
15
Q
Differentiate aberratio ictus, error in personae, and praeter intentionem.
A
Aberratio ictus means mistake in the blow, error in personae refers to mistake in victim identity, and praeter intentionem means unintended serious consequences result from the felonious act.
16
Q
What is the effect of aberratio ictus on criminal liability?
A
Aberratio ictus generally leads to complex crimes where a single act results in multiple felonies, namely against the intended and unintended victims.
17
Q
What is the effect of error in personae on criminal liability?
A
The offender’s liability is not affected unless the mistake results in a different crime, in which case the lesser penalty between the intended and committed crime applies.
18
Q
What is the effect of praeter intentionem on criminal liability?
A
Praeter intentionem is a mitigating circumstance when there is a notable disparity between the act employed and the resulting felony.
19
Q
What is an impossible crime?
A
An impossible crime is committed by performing an act that would be an offense against persons or property, but is inherently impossible or due to inadequate means.
20
Q
Elements of impossible crime
A
- Offender performs an act which would have been an offense against persons or property
- Offender performs an act with evil intent
- Offender did not commit crimes due to impossibility or employment of inadequate or ineffectual means
- The act does not constitute any other offense in the RPC.
21
Q
Legal Impossibility
A
Where the intended acts, even if completed, would not amount to a crime.
Ex. Killing someone who is already dead
22
Q
Factual Impossibility
A
Extraneous circumstances unknown to the actor or beyond his control prevent the consummation of the intended crime.
23
Q
Inadequate and Ineffectual means
A
Inadequate = did not use enough
Ineffectual = used something that did not work
24
Q
Can there be an impossible crime of adultery?
A
No, adultery is a crime against chastity, not against persons or property, thus it cannot be an impossible crime.
25
What is the duty of the court in cases where acts should be repressed but are not covered by the law?
The court shall render a proper decision and report to the Chief Executive through the Department of Justice, recommending legislation for the act.
26
What is the duty of the court in cases of excessive penalties?
The court shall submit a statement to the Chief Executive through the Department of Justice if strict enforcement results in a clearly excessive penalty.
27
Distinguish between the subjective and objective phase in the execution of a crime.
The subjective phase is the period of acts leading to the crime, while the objective phase begins once the offender has completed the necessary acts for consummation.
28
What is spontaneous desistance and what is its effect?
Spontaneous desistance occurs when an offender voluntarily stops before fully consummating the crime, resulting in an attempted crime.
29
When is a crime consummated?
A crime is consummated when all acts necessary for its accomplishment and execution are present.
30
When is a crime frustrated?
A crime is frustrated when all acts of execution are performed but do not produce the felony due to causes independent of the perpetrator's will.
31
When is a crime attempted?
A crime is attempted when the offender starts the commission of a felony through overt acts but does not complete all acts due to causes other than voluntary desistance.
32
Elements of Attempted Felony
1. The offender commences the commission of the felony by direct overt acts.
2. He does not perform all acts of execution which should produce the felony
3. Offender's act is not stopped by his own spontaneous desistance.
4. The non performance of all acts were due to a cause or accident other than his own spontaneous desistance
5. The crime which the offender commenced to commit, is a grave, less grave felony or crime against property.
33
Is *voluntary* desistance a defense in attempted felonies?
No. It must be spontaneous. Spontaneous means natural feeling without external constraint. It is impulsive, automatic and mechanical.
34
Negative acts in attempted felonies
The offender must do a negative act to be exempt from criminal liability. He must spontaneously desist from further doing criminal acts that will complete all the acts if execution.
35
Attempted vs. Frustrated vs. Impossible Crimes
36
Is there a crime of frustrated rape?
No, once carnal knowledge is achieved, the crime of rape is consummated; nothing more is required from the offender.
37
Is there a crime of frustrated theft?
No, theft is consummated once possession is gained; it can only be attempted or consummated.
38
Distinguish between preparatory and overt acts.
An overt act indicates intention to commit a crime, while preparatory acts are mere planning and not punishable.
39
Are preparatory acts punishable?
No, preparatory acts are not punishable if they remain equivocal or uncertain in intent.
40
Define conspiracy.
A conspiracy exists when two or more persons agree to commit a felony and decide to execute it.
41
When is conspiracy punishable as a separate felony?
Conspiracy is punishable only in cases where the law specifically provides a penalty.
42
Proposal as a crime
1. A person has decided to commit a crime
2. Such person proposes the execution of such criminal to other persons
3. There must be a law prescribing a penalty for proposal to commit such. crime; and
4. The person making the proposal and those to whom the proposal were made must not have agreed and decided to commit such crime
43
Conspiracy as a crime
1. Two or more persons come to an agreement concerning the commission of a felony;
2. They decide to commit the felony agreed upon;
3. There must be a law prescribing a penalty for conspiring to commit such crime;
4. The conspirators must not commit the crime agreed upon.
44
Enumerate instances when conspiracy is punishable as a separate crime.
Conspiracy to commit treason, coup d'etat, rebellion, insurrection, and sedition are punished separately under the Revised Penal Code.
45
What is the effect if conspiracy is proved?
All conspirators are liable as co-principals, regardless of their level of participation, as the act of one is the act of all.
46
What is the difference between a principal under Article 17 and a co-conspirator?
A principal's liability is limited to their own acts, while a co-conspirator's responsibility includes the acts of fellow conspirators.
47
Distinguish between express conspiracy and implied conspiracy.
Express conspiracy involves proof of an actual agreement, while implied conspiracy is shown through acts aimed at a common unlawful objective.
48
What are the legal effects of implied conspiracy?
Mere presence at the crime scene is insufficient for conspiracy; active participation or moral assistance is required.
49
How is an implied conspiracy proved?
Implied conspiracy is proved through the commission of the offense and acts indicating joint purpose and concerted action.
50
What are the elements to establish conspiracy in criminal cases?
Conspiracy exists when there is an agreement to commit a felony and participation in an overt act in furtherance of the felony.
51
Differentiate wheel conspiracy and chain conspiracy.
Wheel conspiracy involves a hub dealing with multiple spokes, while chain conspiracy involves successive communication and cooperation among individuals.
52
When is there a proposal to commit a felony?
A proposal exists when a person who has decided to commit a felony proposes its execution to others.
53
Enumerate instances when a proposal to commit a felony is punishable as a separate crime.
Proposal to commit treason, coup d'etat, rebellion, and sedition are punishable as separate crimes under the RPC.
54
Define and distinguish among grave, less grave, and light felonies.
Grave felonies are punishable by capital punishment or afflictive penalties; less grave felonies have correccional penalties; light felonies are punishable by arresto menor or fines.
55
When are light felonies punishable and who are the persons liable for light felonies?
Light felonies are punishable only when consummated, and only principals and accomplices are liable; accessories are not.
56
Are offenses under special penal laws generally subject to the provisions of the Revised Penal Code?
No, offenses under special laws are not subject to the Revised Penal Code unless specifically provided otherwise.
57
Grave Felonies
Those to which the law attaches the capital punishment or penalties which are afflictive:
1. Reclusion Perpetua
2. Reclusion Temporal
3. Prision mayor
4. Fine exceeding P1,200,000
58
Less Grave Felonies
Those with correctional penalties:
1. Prision correccional
2. Arresto mayor
3. Fine not less than P40,000 but not exceeding P1,200,000
59
60
What are the requisites for the suppletory application of the Revised Penal Code to special penal laws?
The special law must be deficient in addressing the specific offense and must not specifically prohibit the application of the Revised Penal Code.
61
Are offenses punishable under special laws subject to the Revised Penal Code?
No. Offenses punishable under special laws are not subject to the provisions of the Revised Penal Code. The Revised Penal Code shall be supplementary to such laws, unless the latter should specially provide the contrary.
62
What are the requisites for the suppletory application of the Revised Penal Code to special penal laws?
In order for the Revised Penal Code to suppletorily apply to an offense punished by a special law, such special law must first be deficient on the rule needed to address the specific offense, and the special law must also not specifically prohibit the application of the Revised Penal Code.
63
What are the circumstances affecting criminal liability?
The circumstances affecting criminal liability are as follows: • Justifying circumstances; • Exempting circumstances; • Mitigating circumstances; • Aggravating circumstances; and • Alternative circumstances.
64
What are justifying circumstances?
Justifying circumstances are those acts of a person said to be in accordance with law, such that a person is deemed not to have committed a crime and is therefore free from both criminal and civil liability.
65
What are the kinds of justifying circumstances?
• Self-defense; • Defense of relatives; • Defense of stranger; • Avoidance of greater evil or injury; • Fulfillment of duty or exercise of right or office; • Obedience to an order of a superior.
66
What are the consequences when the accused pleads a justifying circumstance?
The accused who pleads a justifying circumstance under Article 11 of the Revised Penal Code admits to the commission of the acts which would otherwise engender criminal liability. However, he asserts that he is justified in committing the acts. Conviction shall follow if the evidence for the accused fails to prove the existence of justifying circumstances.
67
What are the requisites of self-defense as a justifying circumstance?
The requisites of self-defense are the following: (1) unlawful aggression; (2) reasonable necessity of the means employed to prevent or repel it; and (3) lack of sufficient provocation on the part of the person defending himself.
68
What are the requisites of defense of a stranger as a justifying circumstance?
The elements of defense of strangers are: (1) unlawful aggression; (2) reasonable necessity of the means employed to prevent or repel it; and (3) the person defending should not be induced by revenge, resentment, or other evil motive.
69
What is the nature of the unlawful aggression in self-defense?
For unlawful aggression to be appreciated, there must be an actual, sudden and unexpected attack, or imminent danger thereof, not merely a threatening or intimidating attitude.
70
What are the three elements of unlawful aggression?
• There must be a physical or material attack or assault;
• The attack or assault must be actual, or, at least, imminent; and
• The attack or assault must be unlawful.
71
What is the difference between retaliation and self-defense?
In retaliation, the aggression that was begun by the injured party already ceased when the accused attacked him, while in self-defense the aggression still existed when the aggressor was injured by the accused.
72
What is the difference between actual unlawful aggression and imminent unlawful aggression?
Actual or material unlawful aggression is defined as an attack with physical force or with a weapon. Imminent unlawful aggression is an attack that is impending or at the point of happening.
73
What does reasonable necessity require?
Reasonable necessity does not require absolute necessity. What the law requires is rational equivalence.
74
When is there lack of sufficient provocation?
There is lack of sufficient provocation:
* When no provocation at all was given to the aggressor by the person defending himself;
* When, even if a provocation was given, it was not sufficient;
* When, even if the provocation was sufficient, it was not given by the person defending himself; or
* When, even if a provocation was given by the person defending himself, it was not proximate and immediate to the act of aggression.
75
What are the requisites for the justifying circumstance of defense of relatives?
In pleading defense of a relative, the accused must prove the concurrence of the following requisites: 1. Unlawful aggression on the part of the person killed or injured; 2. The reasonable necessity of the means employed to prevent or repel the unlawful aggression; and 3. The person defending the relative had no part in provoking the assailant.
76
What are the requisites to successfully invoke avoidance of greater evil as a justifying circumstance?
To successfully invoke avoidance of greater evil as a justifying circumstance, the following requisites should be complied with: (1) the evil sought to be avoided actually exists; (2) the injury feared be greater than that done to avoid it; and (3) there be no other practical and less harmful means of preventing it.
77
What are the requisites of fulfillment of duty as a justifying circumstance?
In order for this justifying circumstance to apply, two requisites must be satisfied: (1) the accused acted in the performance of a duty or in the lawful exercise of a right or office; and (2) the injury caused or the offense committed be the necessary consequence of the due performance of duty or the lawful exercise of such right or office.
78
What are the requisites of obedience to a superior order as a justifying circumstance?
For this justifying circumstance to apply, the following requisites must be present: (1) an order has been issued by a superior; (2) such order must be for some lawful purpose; and (3) the means used by the subordinate to carry out said order is lawful.
79
Negative acts as a defense in attempted felonies
In the attempted stage, the offender must do a *negative act* to be exempt from criminal liability.
80
Positive Act as a defense in a frustrated felony
If the offender performs all acts of execution, he is not exempt from liability even if he spontaneously desists from further doing the act.
He must do a positive act that would prevent the consummation of the felony.
81
When is attempt to kill conclusively presumed?
If the victim died due to the violence employed by the accused, intent to kill is presumed.
If the victim did not die despite the violence employed, the crime is either PI, frustrated or attempted homicide/murder.
82
Effect of minor or no wounds on the intent to kill
This indicates lack of intent to kill. The intention to take life, which is an element of attempted or frustrated H/M must be proved with the same degree of certainty of other elements of crimes.
83
Preparatory acts in Arson
carrying gas to the place where the house is to be burned is not attempted arson. Such act is considered preparatory and therefore not punishable.
84
Attempted Arson
When a person had poured gasoline under the house of another and about to strike the match to set the house on fire but was apprehended.
The acts committed are directly connected to the crime of arson.
Accused had not yet performed all acts necessary to execute his criminal intent
85
Frustrated Arson
When the accused commits all acts necessary to execute his criminal design but the house was not burned.
86
Attempted Estafa
Perpetration of deceitful act without committing the act which would cause damage to the victim (receiving the money) is attempted estafa
87
Frustrated Estafa
Commission of the deceitful act and the act that would cause damage to the victim is frustrated estafa if the victim did not suffer actual damage by reason of a cause independent of the will of the perpetrator.
88
Consummated Estafa
Commission of the fraudulent act and act, which consequently caused damage to the offended party.
Estafa is complete the very moment the victim suffered damage by reason of the fraud employed by the accused.
89
Is there a crime such as frustrated theft?
No. It was held that theft cannot have a frustrated stage. It may only be attempted or frustrated.
Once the accused acquires possession over the property, all the acts of execution are considered performed.
90
Theft vs Estafa
In theft, taking of properties with intent to gain consummates the crime. Neither actual gain by the thief nor damage to the owner of the property is an element of theft.
In estafa, misappropriation and actual damage are essential. Intent to cause damage is not enough.
91
Consummated Rape
The mere touching of the labia major or minor of the pendulum of the victim by the penis of the accused consummates the crime of rape.
The penis must be erectile and capable of penetration.
92
Attempted Rape
The accused must have commenced the act of penetrating his sexual organ into the vagina of the victim, but for some cause or accident other than his own spontaneous desistance, the penetration is not completed.
93
Attempted Corruption of a public official
When the accused offered and delivered an amount to a patrolman in order to dissuade him from arresting the former.
Further, the police officer must not allow himself to be corrupted.
94
Material Crimes
Felonies which are consummated by the performance of at least two acts of execution: the act that reveals the criminal objective of the perpetrator and the uptime act which completes all stages of execution.
These have attempted and frustrated stages.
95
Formal Crimes
Felonies which are consummated in one instant or by performance of a single act of execution.
Ex. Slander, perjury, illegal possession of picklocks.
Criminal Law
flashcards
Decks in class (17)
# Cards
-
Fundamental Principles of Criminal Law31
-
Felonies95
-
Justifying Circumstances30
-
Exempting Circumstances26
-
Mitigating Circumstances35
-
Persons Criminally liable for felonies25
-
Complex Crimes and others25
-
Penalties30
-
Title 1 - Crimes Against National Security and Law of the Nations46
-
Title 2 - Crimes against the Fundamental laws of the State10
-
Aggravating Circumstances44
-
Title 3 - Crimes against Public Order32
-
Title 4 - Crimes against Public Interest6
-
Title 7 - Crimes Against Public Officers19
-
Title 8 - Crimes against Persons13
-
Title 10 - Crimes against Property10
-
Title 11 - Crimes against Chastity4
