Law1 Prefinal

Question 1

EXEMPTING CIRCUMSTANCES

Answer 1

Art.12

Question 2

are those ground 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.

Answer 2

Exempting circumstances

Question 3

There is a crime committed but no criminal liability arises from it because of the complete absence of any of the conditions which constitute free will or voluntariness of the act.

Answer 3

True

Question 4

Since there is a crime committed but there is no criminal, there is civil liability for the wrong done. But there is no criminal liability. However, in paragraphs 4 and 7 of Article 12, there is neither criminal nor civil liability.

Answer 4

True

Question 5

there is a crime but there is no criminal.
Act is not justified but the actor is not criminally liable.

General Rule: There is civil liability
Exception: Par 4 (causing an injury by mere accident)
and Par 7 (lawful cause)

Answer 5

Exempting

Question 6

person does not transgress the law, does not commit any crime because there is nothing unlawful in the act as well as the intention of the actor.

Answer 6

Justifying

Question 7

An imbecile or insane person, unless the latter has acted during a lucid interval.

a. Offender is an imbecile
b. Offender was insane at the time of the commission of the crime

Answer 7

Par. 1

Question 8

one who while advanced in age has a mental development comparable to that of children between 2 and 7 years of age.

Answer 8

Imbecile

Question 9

one who acts with complete deprivation of intelligence/reason or without the least discernment or with total deprivation of freedom of the will.

Answer 9

Insane

Question 10

An imbecile is exempt in all cases from criminal liability (no lucid interval). The insane is not so exempt if it can be shown that he acted during a lucid interval. In the latter, loss of consciousness of ones acts and not merely abnormality of mental faculties will qualify ones acts as those of an insane.

Answer 10

True

Question 11

Crimes committed while in a dream, by a somnambulist are embraced in the plea of insanity. Hypnotism, however, is a debatable issue.

Answer 11

True

Question 12

is covered by the term insanity because homicidal attack is common in such form of psychosis.
It is characterized by delusions that he is being interfered with sexually, or that his property is being taken, thus the person has no control over his acts.

Answer 12

DEMENTIA PRAECOX (Schizophrenia)

Question 13

presence of abnormal, persistent impulse or tendency to steal, to be considered exempting, will still have to be investigated by competent psychiatrist to determine if the unlawful act is due to the irresistible impulse produced by his mental defect, thus loss of will-power.

Answer 13

Kleptomania

Question 14

chronic nervous disease
characterized by convulsive motions of the muscles and loss of consciousness may be covered by the term insanity.

Answer 14

Epilepsy

Question 15

A person under nine years of age.
FOUR PERIODS OF THE LIFE OF A HUMAN BEING:
a. 9 years and below - age of absolute irresponsibility
b. Between 9 and 15 years - age of conditional
responsibility
c. Between 15 and 18 years - age of full responsibility
d. Between 18 and 70 years - age of mitigated
responsibility

Answer 15

Par.2

Question 16

This paragraph is impliedly amended by RA 9344, adjusting the age of absolutely irresponsibility from 9 years to 15 years and below.

Answer 16

Par. 2

Question 17

A person over nine years of age and under fifteen, unless he has acted with discernment
REQUISITES OF PAR. ?
1. That the offender is a minor over 9 years and under
15 years of age,
2. That he has acted without discernment
3. Presumption is always that such minor has acted without discernment. The prosecution is burdened to prove if otherwise.

Answer 17

Par.3

Question 18

mental capacity of a minor between 9 and 15 years of age to fully appreciate the consequences of his unlawful act and the mental capacity to understand the difference between right and wrong.

Answer 18

Discernment

Question 19

If at the time the judgment is to be promulgated he is already above 18, he cannot avail of a suspended sentence. the court will promulgate the sentence but the minor shall be entitled to the reduction of the penalty by?

Answer 19

2 degrees

Question 20

When the offender is over nine but below 15, the penalty to be imposed is discretionary on the court, but lowered by at least two degrees. It may be lowered by?

Answer 20

three or four degrees,

Question 21

Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.
REQUISITES PAR. ? ART 12:
1. A person is performing a lawful act
2. Exercise of due dare
3. He causes injury to another by mere accident
4. Without fault or intention of causing it.

Answer 21

Par.4

Question 22

Under Article 12, paragraph 4, the offender is exempt not only from criminal but also from civil liability

Answer 22

Trye

Question 23

Any Person Who Acts Under The Compulsion Of An Irresistible Force.
ELEMENTS IRRESISTIBLE FORCE:
a. That the compulsion is by means of physical force
b. That the physical force must be irresistible.
c. That the physical force must come from a third person

Answer 23

Art 12 Par 5.

Question 24

Any Person Who Acts Under The Impulse Of An Uncontrollable Fear Of An Equal Or Greater Injury.
POINTS T
a. Du bas or fan
b. The that comp reaso fanci
c. Threa must self-de
Duress
ELEMENTS:
1. That the threat which causes the fear is of an evil greater than, or at least equal to that w/c he is required to commit
2. That it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it.

Answer 24

Art 12 Par 6.

Question 25

the use of violence or physical force.

Answer 25

Duress

Question 26

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

Answer 26

Irresistible force

Question 27

The offender employs threat or intimidation to compel another to commit a crime. Since the actor acted without freedom, he incurs no criminal liability.

Answer 27

Uncontrollable fear

Question 28

Any Person Who Fails To Perform An Act Required By Law, When Prevented By Some Lawful Or Insuperable Cause. ELEMENTS: a. That an act is required by law to be done b. That a person fails to perform such act c. That his failure to perform such act was due to some lawful or insuperable cause

Answer 28

Par. 7

Question 29

are those where the act committed is a crime but for some reason of public policy and sentiment, there is no penalty imposed. Other examples: 1) Art 6 - spontaneous desistance 2) Art 20 - accessories exempt from criminal liability

Answer 29

ABSOLUTORY CAUSES -

Question 30

practically induces the would-be accused into the commission of the offense and himself becomes co-principal Accused will be acquitted Absolutory cause

Answer 30

Instigation

Question 31

ways and means are resorted to for the purpose of trapping and capturing the lawbreaker in the execution of his criminal plan. NOT a bar to accused's prosecution and conviction NOT an absolutory cause

Answer 31

Entrapment

Question 32

MITIGATING CIRCUMSTANCES

Answer 32

Art. 13

Question 33

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

Answer 33

Mitigating circumstances

Question 34

those enumerated in subsection 1-10 of Art. 13 of RPC. - period Happens when have 1 mitigating

Answer 34

Ordinary mitigating

Question 35

those circumstances that will somehow reduced the penalty but not found in Art. 13 but in some other articles of the RPC. Such as Art. 68, 69, 64 - by degree Happens when there’s 2 mitigating

Answer 35

Privilege mitigating

Question 36

Ordinary mitigating can be offset by any aggravating circumstances; while privileged mitigating cannot be offset by aggravating circumstances. 2. Ordinary Mitigating when not offset by an aggravating circumstance, it will reduce the penalty in its minimum period. In privileged mitigating, it will reduce the penalty into one or two degree than that provided by law.

Answer 36

True

Question 37

Those mentioned in the preceding chapter, when all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant

Answer 37

Article 13 paragraph one

Question 38

That The Offender Is UNDER 18 YEARS Of Age Or OVER 70 YEARS. In The Case Of A Minor, He Shall Be Proceeded Against In Accordance With The Provisions Of Art 192 Of PD 903 Persons Covered under this paragraph: a. Offender over 9, under 15 who acted with discernment b. Offender over 15, under 18 c. Offender over 70 years

Answer 38

 Paragraph 2 of article 13

Question 39

age of absolute irresponsibility (exempting circumstance

Answer 39

Under 9

Question 40

Age of Conditional Responsibility (exempting circumstance; except if acted with discernment

Answer 40

over 9, below 15

Question 41

Age of mitigated responsibility (privileged mitigating circumstance) Note: minor delinquent under 18 - sentence may be suspended in accordance with PD 603.

Answer 41

Under18

Question 42

Age of Conditional Responsibility (exempting circumstance; except if acted with discernment

Answer 42

over 9, below 15

Question 43

Age of Full Responsibility (full criminal responsibility)

Answer 43

18 above

Question 44

mitigating circumstance; no imposition of death penalty; execution of death sentence if already imposed is suspended and commuted.

Answer 44

70 and above

Question 45

That the SUFFICIENT PROVOCATION OR THREAT on the part of the offended party immediately preceded the act.

Answer 45

Paragraph 4 article 13

Question 46

That the offender had no intention to commit so grave a wrong as that committed (Praeter Intentionem)

Answer 46

Paragraph 3of article 13

Question 47

any unjust or improper conduct or act of the offended party, capable of exciting, inciting or irritating anyone

Answer 47

Provocation

Question 48

That the act was committed in the IMMEDIATE VINDICATION OF A GRAVE OFFENSE to the one committing the felony (delito), his spouse, ascendants, descendants, legitimate, natural or adopted brother or sisters, or relatives by affinity within the same degree.

Answer 48

Paragraph five of article 13

Question 49

That of having acted upon an impulse so powerful as naturally to have produced PASSION OR OBFUSCATION Requisites for Passion & Obfuscation a. The offender acted on impulse powerful enough to produce passion or obfuscation b. That the act was committed not in the spirit of lawlessness or revenge C. The act must come from lawful sentiments

Answer 49

Paragraph 6 article 13

Question 50

refer to emotional feeling which produces excitement so powerful as to overcome reason and self-control.

Answer 50

Passion and obfuscation

Question 51

There could have been no Mitigating Circumstance of P80 when more than 24 hours elapsed between the alleged insult and the commission of the felony, or several hours have passed between the cause of the P&O and the commission of the crime, or at least ½ hours intervened

Answer 51

True

Question 52

Not mitigating if relationship is illegitimate

Answer 52

True

Question 53

That the offender had VOLUNTARILY SURRENDERED himself to a person in authority or his agents, or that he had VOLUNTARILY CONFESSED HIS GUILT before the court prior to the presentation of the evidence for the prosecution.

Answer 53

Paragraph 7, article 13

Question 54

Even if during arraignment, accused pleaded not guilty, he is entitled to Mitigating Circumstance as long as he withdraws his plea of not guilty to the charge before the fiscal could present his evidence

Answer 54

True

Question 55

That the offender is deaf and dumb, blind or otherwise suffering from some PHYSICAL DEFECT w/c thus restricts his means of action, defense or communication w/ his fellow beings.

Answer 55

Paragraph 8 article 13

Question 56

Such ILLNESS of the offender as would diminish the exercise of the will-power of the offender w/o depriving him of consciousness of his acts.

Answer 56

Paragraph 9 article article 13

Question 57

And ANY OTHER CIRCUMSTANCE of a similar nature and analogous to those above-mentioned Examples of "any other circumstance": a) defendant who is 60 years old with failing eyesight is similar to a case of one over 70 years old b) outraged feeling of owner of animal taken for ransom is analogous to vindication of grave offense c) impulse of jealous feeling, similar to PASSION AND OBFUSCATION d) voluntary restitution of property, similar to voluntary surrender e) extreme poverty, similar to incomplete justification based on state of necessity f) esprit de corps is similar to passion or obfuscation Bond or company sease of wily, loyally, and antual suppart arang group, teem a organization members

Answer 57

Paragraph 10

Question 58

Article 12- exempting current

Answer 58

1. An imbecile or an insane person, unless the latter has acted during a lucid interval. 2. A person under nine years of age. 3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code. 4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. 5. Any person who act under the compulsion of irresistible force. 6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. 7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause.

Question 59

Article 13- mitigating circumstances

Answer 59

1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from criminal liability in the respective cases are not attendant. - 2. That the offender is under eighteen year of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of Art. 80. 3. That the offender had no intention to commit so grave a wrong as that committed. 4. That sufficient provocation or threat on the part of the offended party immediately preceded the act. 5. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees. 6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. 7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution; 8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings. 9. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of the consciousness of his acts. 10. And, finally, any other circumstances of a similar nature and analogous to those above mentioned.