Criminal Law Flashcards
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Card 1. The characteristic of criminal law making it applicable to all persons within Philippine territory regardless of nationality is known as [...].
AnswerThe characteristic of criminal law making it applicable to all persons within Philippine territory regardless of nationality is known as Generality. Applies to all persons irrespective of race or citizenship.
Card 2. The principle that penal laws apply to crimes committed within the territorial jurisdiction of the Philippines is called [...].
AnswerThe principle that penal laws apply to crimes committed within the territorial jurisdiction of the Philippines is called Territoriality. Covers atmosphere, interior waters, and maritime zones.
Card 3. The rule that penal laws operate only on acts committed after their effectivity date is termed [...].
AnswerThe rule that penal laws operate only on acts committed after their effectivity date is termed Prospectivity. Exceptions apply if a subsequent law favors the accused.
Card 4. Under Article 4(2), an [...] is punished when an act is directed against persons or property that would constitute a felony were it not for the inherent impossibility of its accomplishment.
AnswerUnder Article 4(2), an impossible crime is punished when an act is directed against persons or property that would constitute a felony were it not for the inherent impossibility of its accomplishment. Must be performed with evil intent.
Card 5. Under Article 8, [...] exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.
AnswerUnder Article 8, conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Serves as a mode of incurring collective criminal liability.
Card 6. [...] occurs when a person who has already decided to commit a felony proposes its execution to another person or persons.
AnswerProposal occurs when a person who has already decided to commit a felony proposes its execution to another person or persons. Punishable only in cases where the law specially provides.
Card 7. Under Article 13, [...] are conditions that do not excuse the crime but reduce the penalty attached to it.
AnswerUnder Article 13, mitigating circumstances are conditions that do not excuse the crime but reduce the penalty attached to it. Includes passion, obfuscation, and voluntary surrender.
Card 8. [...] reduce the penalty by one or more degrees and cannot be offset by generic aggravating factors.
AnswerPrivileged mitigating circumstances reduce the penalty by one or more degrees and cannot be offset by generic aggravating factors. A special category of mitigating factors.
Card 9. Under Article 15, relationship, intoxication, and degree of instruction are classified as [...].
AnswerUnder Article 15, relationship, intoxication, and degree of instruction are classified as alternative circumstances. Can operate either to aggravate or mitigate liability.
Card 10. Mistake in identity is legally referred to as [...], where the offender attacks a wrong person believing them to be the target.
AnswerMistake in identity is legally referred to as error in personae, where the offender attacks a wrong person believing them to be the target. Part of mistakes in execution under Article 4.
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Card 11. Crimes classified as [...] involve acts that are inherently immoral, wrongful, or evil in themselves.
AnswerCrimes classified as Mala in Se involve acts that are inherently immoral, wrongful, or evil in themselves. Requires criminal intent or mens rea.
Card 12. [...] offenses designate acts that are rendered criminal solely because a statute or special law expressly prohibits them.
AnswerMala Prohibita offenses designate acts that are rendered criminal solely because a statute or special law expressly prohibits them. Criminal intent is generally immaterial.
Card 13. An [...] occurs when the offender commences the commission directly by overt acts but fails to perform all acts of execution due to causes other than spontaneous desistance.
AnswerAn attempted felony occurs when the offender commences the commission directly by overt acts but fails to perform all acts of execution due to causes other than spontaneous desistance. Defined under Article 6 of the Revised Penal Code.
Card 14. A [...] is reached when the offender performs all acts of execution that should produce the felony as a consequence, but the felony does not result due to an independent cause extraneous to the offender's will.
AnswerA frustrated felony is reached when the offender performs all acts of execution that should produce the felony as a consequence, but the felony does not result due to an independent cause extraneous to the offender's will. Defined under Article 6.
Card 15. A [...] is achieved when all elements necessary for its execution and accomplishment are fully present.
AnswerA consummated felony is achieved when all elements necessary for its execution and accomplishment are fully present. Final stage of felony execution under Article 6.
Card 16. Under Article 11, [...] denote instances where the law considers an otherwise criminal act entirely lawful because it is backed by legal right.
AnswerUnder Article 11, justifying circumstances denote instances where the law considers an otherwise criminal act entirely lawful because it is backed by legal right. Includes self-defense and fulfillment of duty.
Card 17. [...] is the indispensable condition sine qua non for self-defense, requiring an actual, sudden, or imminent attack.
AnswerUnlawful aggression is the indispensable condition sine qua non for self-defense, requiring an actual, sudden, or imminent attack. Must create real danger to life.
Card 18. Under Article 12, [...] apply when the act committed remains unlawful, but the offender is excused from criminal liability due to a complete absence of intelligence, freedom, or voluntariness.
AnswerUnder Article 12, exempting circumstances apply when the act committed remains unlawful, but the offender is excused from criminal liability due to a complete absence of intelligence, freedom, or voluntariness. Includes insanity, accident, and minority.
Card 19. The defense of [...] requires that a real, imminent, and impending threat of equal or greater injury overpowers the accused's will.
AnswerThe defense of uncontrollable fear requires that a real, imminent, and impending threat of equal or greater injury overpowers the accused's will. An exempting circumstance under the Revised Penal Code.
Card 20. The [...] states that Philippine penal laws apply to crimes committed within the Philippine Archipelago, including its atmosphere, interior waters, and maritime zone.
AnswerThe Principle of Territoriality states that Philippine penal laws apply to crimes committed within the Philippine Archipelago, including its atmosphere, interior waters, and maritime zone. Subject to specific RPC exceptions.