Академический Документы
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1. Q: Elements of Carnapping?
A: 1. actual taking of the vehicle;
2. vehicle belongs to a person other than the offender himself;
3. taking is w/out consent of the owner; taking was committed by means of violence
against or intimidation of persons, or by using force upon things; and
4. offender intends to gain from the taking of the vehicle.
Minimum
Maximum
Revise
the
next
of the attending
Penal
lower
that
circumstances,
Code
prescribed
RPC
could be properly
penalty
to
by
rules of RPC
Specia
l Penal
the maximum
Law
prescribed by SPL
fixed by SPL
3. Q: When will kidnapping with rape/ homicide/ physical injuries result to a special complex
crime?
A: If the rape/ homicide/ physical injuries was committed against the kidnapped
victim, otherwise it will result to separate offenses.
4. Q: When will robbery with rape/ homicide/ physical injuries result to a special complex
crime?
A: When robbery is committed with rape/ homicide/ physical injuries, the special
complex crime of robbery with rape/ homicide/ physical injuries is committed for as
long as homicide occurred by reason of or on the occasion of robbery.
5. Q: Is there a crime of Robbery w/ Rape?
A: None. When rape was the principal crime, with robbery being a mere after thought,
the crimes committed are two separate and distinct crimes; namely Rape and Theft.
6. Q: Is there a crime of Robbery w/ Attempted Rape?
A: None. Rape must be consummated. Otherwise, they are separate offences. When the
taking of personal property of a woman is an independent act following defendants
failure to consummate the rape, there are two distinct crimes committed: attempted
Rape and Theft.
8. Q: When will a person who is apprehended or arrested, found to be positive for use of any
dangerous drug, be imposed a penalty higher than rehabilitation for his first offense or
imprisonment from 6 years to 12 years for his second offense?
A: Where the person is also found to have in his possession dangerous drugs.
9. Q: What does undue injury mean in Section 3(e) of the Anti-Graft and Corrupt Practices
Act (R.A. 3019)?
A: This could only mean actual injury or damage which must be established by evidence. In
jurisprudence, Undue injury is interpreted as actual. Undue is defined as more
than necessary, not proper, or illegal; and injury as any wrong or damage done to
another, either in his person, rights, reputation or property that is, the invasion of any
legally protected interest of another.
10. Q: When can the accused be convicted of simple illegal possession of firearms?
A: The accused can be convicted of simple illegal possession of firearms, provided no
other crime was committed by the person arrested.
11. Q: When is the use of an unlicensed firearm considered a SPECIAL AGGRAVATING
CIRCUMSTANCE?
A: Such use of unlicensed firearm in MURDER or HOMICIDE.
12. Q: What are the two (2) distinct and separate offenses punished under Section 68 of the
Forestry Code?
A: 1. Cutting, gathering, collecting and removing timber or other forest products
from any forest land, or timber from alienable or disposable public land, or from private
land without any authority; and
2. Possession of timber or other forest products without the legal documents
required under existing forest laws and regulations.
13. Q: In special complex crimes of robbery with homicide or robbery with rape, is there a law
providing that additional rapes or homicides committed on the same occasion be
considered generic aggravating circumstances?
A: There is none.
14. Q: When is there Syndicated Estafa amounting to Economic Sabotage?
A: Soliciting funds from and eventually defrauding the general public constitutes
Syndicated Estafa amounting to Economic Sabotage.
BP 22
Check
must
be
issued concurrently
and reciprocally in
payment
of
the
exchange
consideration
Check should be
issued in payment
of
pre-existing
obligation
Crime
property
against
Only
drawer
is
liable, and if juridical
entity: officer who
signed the check
3 days
5 banking days
Malum in se
Malum prohibitum
check was not issued to apply to an account or for value but as a guarantee deposit
required notice of dishonor was not given
drawer made credit arrangements but bank overlooked arrangement and dishonored check
presented for payment beyond 90 days from maturity
17. Q: What is the legal basis for the suppletory application of RPC to VAWC?
A: SEC. 47. Suppletory Application. - For purposes of this Act, the Revised Penal Code and other applicable laws,
shall have suppletory application.
18. Q: May acts of violence be committed by an offender through another?
A: Yes. Sec. 5 R.A. 9262(VAWC) states that engaging in purposeful, knowing, or reckless conduct, personally or
through another , that alarms or causes substantial emotional or psychological distress to the woman or her
child.
Penalty
Transacting or
attempting to transact,
knowing it involves
monetary instrument or
activity
property involved
Facilitating money
laundering by knowingly
performing or failing to
perform an act
Failing to disclose and
law
Malicious Reporting
Breach of Confidentiality
Penalty imposed upon the responsible officers who participated in the commission of the crime or who shall have
knowingly permitted or failed to prevent its commission.
If Offender is Alien
in addition to the penalties herein prescribed, be deported without further proceedings after serving the penalties
herein prescribed.
in addition to the penalties prescribed herein: PAD or TAD from office, as the case may be any public official or
employee who is called upon to testify and refuses to do the same or purposely fails to testify shall suffer the same
penalties prescribed herein.
b.
Neglected or refused to act without sufficient justification after due demand or request
c.
Reasonable time elapsed from demand or request without public officer having acted on matter
d.
Such failure is for the purpose of obtaining directly or indirectly, some pecuniary benefit or advantage, or
discriminating against another
Injury Thru Manifest Partiality, Evident Bad Faith or Gross Inexcusable Negligence
e.
Accused are public officers or private persons charged in conspiracy with them
f.
Public officers commit prohibited acts during performance of official duties or in relation to their public
positions
g.
h.
i.
Acted with manifest partiality, evident bad faith or gross inexcusable negligence
* Applies to officers, employees of offices or govt corporations charged with grant of licenses or permits or
other concessions.
b.
c.
d.
If any of the acts mentioned is penalized by any other law with a higher penalty, the higher penalty shall be
imposed
Bribery
offense or
identity thru
bribery,
misrepresentati
on, deceit
Destroying
documents
and
Seizure of Correspondence.
Harboring,
concealing,
facilitating
escape
Use of Fictitious
Using
Name, Evading
Concealing Identity or
Prosecution or
Fictitious
Name
and
Evasion of Sentence
Execution of
Judgment,
Concealing
Name
Delaying
Malicious
Prosecution
Administration of Justice
Use
of
documents
Delay
Falsification or
Use of Falsified Documents in
Judicial Proceeding
Soliciting,
Direct Bribery
accepting any
benefit
Threatening to
prevent
investigation
fabricated
information
Grave Coercion
Grave Threat
appearance at
False
in
Light Threats
or