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Aleezah Gertrude
QUESTION ANSWER
1. Five different thefts were committed. It has been proved that X, knowing that the oil X is a principal by inducement, which inducement not
which was brought to her for sale was stolen by the person who were seeking to sell it to merely favored the execution of crime but determined
her, advised them to continue stealing oil…… physical authors of crime were boys under its commissions
15 y/o. They acted upon suggestion of X without discernment or judgment of their own.
What is the liability of X?
pesos
11. FC was employed by RP, an army officer, to ge a girl, AM and her aunt. VE went No, because it cannot be held that the act of
to army barracks where RP was. RP spoke English and could neither speak nor interpreting in obedience to orders of his superior, the
understand native language. FC acted as interpreter…FC accompanied by latter’s criminal determination, so that it might be
several privates, at RP’s orer, arrested FB and took him to the barracks to be understood by actual perpetrator of rime constituted
then turned over to VF who obeying orders from the same lieutenant, which cooperation in the commission thereof.
orders were translated by FC in order that may be understood by VF, the
proceeds to kill the prisoner n or near cemetery of said town by shooting him.
Can FC be held liable for participating in the killing of FB?
12. When must death of an offender,who is charged with crime in court occur to Before final judgment?
extinguish criminal liability and his personal penalties
13. What is the penalty two degrees higher than reclusion temporal, assuming a Reclusion Perpetua for 40 years with the accessory
case of qualified theft…. penalties of death under Art 40 of RPC, which means
in fine that accused, is not entitled to pardon before
lapse of 40 year period.
14. Light felony prescribes in 2 months
15. RA 8294 on June 6,1997, amended cetain provisions of P.D 1866 a special law The maximum term of indeterminate sentence should
penalizing illegal possessor of firearms . With the passage of aforementioned be that which in view of the attending circumstances,
law, penaly for illegal possession of firearm such as “palik” has been reduced to should be properly imposed under rules of RPC.
prison correctional in its maximum period and fine of not less than 15 thousand
pesos.
16. Disposition under which a defendant, after conviction and sentence is released Probation
subject to conditions imposed by the court and to the supervision of an officer
appointed by court o investigate such referral for investigation or to supervise the
convict
17. Not a ground for partial extinction of criminal liability Partial service of sentence
18. Does not prevent period of prescription for crimes punishable under special Absence of offender from Philippine Archipelago
penal laws from running
19. X, a detention prisoner who is not otherwise a recidivist or habitual delinquent Yes, but only to the reduced measure equivalent to 4/5
refused to abide by rules and regulations prescribed for conviction prisoners of time spent in preventive detention
serving sentences in institution which he is detained. Should he be convicted of
the offense he is charged with, would he be entitled to credit for time spent in
preventive detention?
20. The prosecution seeks to hold four of accused, XM, XN, ZS and US criminally No, because although what the four did amounted to
liable for the killing of JA and YN, particularly as co-autheors thereof by joining a conspiracy, the RPC in Art 8 does not punish
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Aleezah Gertrude
inducement, considering that they attended the conference and entered no conspiracy as such
opposition to the nefarious scheme while after the commission of murders, they
joined with other accused in celebrating with a fiesta although aside from this,
these four did not cooperate in the commission of crimes nor is it certain that as
relatives or retainers of A, four had influeccne over XS and YS, and that any of
the four said or did anything that determined commission of crimes. Can they be
consipered as co-authors within meaning of Art 17 of RPC?
21. Where three persons planned to rob a house but in carrying I out, only two of Principal because of conspiracy and direct participation
them went into house to break open a trunk and carry off its contents whole the
third merely remained downstairs to engage the owner of the house to distract
the attention of latter.
22. MB and victim, EA together at a restaurant until about 0:00 of same evening, Murder qualified by abuse of superiority and
when MB and EA left for EA’s house, EP the housemaid of victim opened the aggravatedd by outraging or scoffing at corpse of
door for them; saw MB and EA immediately proceeded in EA’s room….. She victim
found that EA was lying on her bed, face down, naked up to the waist, with her
legs spread apart and with broken figurine inside her head….It is established
however that MB had ana intercourse with EA… The muscles of anus did not
close XXXX after death. MB was notorious advantage of height accused had
over his hapless victim. Under circumstances, crime committed is:
23. Not entitled to special time allowance for good conduct All prisoners whether serving sentence by final
judgment or not who have themselves up to authorities
after 48 hours from issuance of proclamation
announcing the passing away of calamity or
catastrophe therein referred to.
24. Under Article 70, the period of perpetual penalties is : 30 years
25. The crime of falsification of public document carries with it an impossible penalty The criminal action has prescribed considering the
of prison correctional in its medium and maximum periods and fine of not more lapse of 10 years after the document was registered
than P5,000.00 [Art 172 RPC]. Being punishable by correctional penalty, this with Register of Deeds.
crime prescribes in 10 years [Art 90,par 3 RPC]. Where public document
allegedly falsified was a notarized deed of sale registered on May 26, 2000 with
the Register of Deeds in the name of he accused but filing of complaint-affidavit
before prosecutor’s office for falsification of public document was however, filed
only on October 18,2011, one month after victim came to know thereof
26. Not necessarily having a duration of six months and one day to six years Suspension when imposed as an accessory penalty
27. Father simply said to his son who was at that time enagegd in combat with Father is not necessarily responsible unless sufficient
another “hit him! Hit him!” After the father spoke those words. His son drew a facts
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37. Two vehicles collided at intersection, X driver of vehicle found to be at fault was Only if, X’s employer is engaged in business or
convicted of crime of reckless imprudence resulting to damage to property. Can industry and does not exclusively use the automobile
X’s employer be held subsidiarity liable for payment of civil liability? for private ends.
38. RB one of the several persons accused in more than 100 counts of estafa thru The Sandiganbayan may issue an order directing the
falsification of public documents before Sandiganbayan. In the meantime, RB suspension of all the accused including RB from the
run for and was elected as Mayor in town in Cavite. Subsequently, BP 195 was public position or from any other public office tha they
passed amending among oters, Sec 13 RA 3019, providing that any incumbent may be holding… for 90 days” as long as the
public officer against whom any criminal prosecution under valid information information in question are shown to be valid and
under this act or under title 7 book 2 of RPC or for any offence involving fraud regardless of when they were fied as such suspension
upon governmet or public funds or property whether as simple or as complex does not constitute a penalty
offense and in whatever stage of execution and mode of participation is pending
in court, shall be suspended from office. On that basis, and in all cases pending
before Sandianbayan in which RB is one of accused, the prosecution filed a
motin to suspend all accused public officers from their public position or from any
other pblic office that they may be holding for 90 days.
39. On the occasion of studets, demonstration being held in vicinity of Feati No, committing a compex rime, imposable penalty is
university… already raise to the maximum of most severe penalty
for said crime which is dath; hence no occasion to
consider further any mitigating circumstance.
40. X pardoned by CE after his conviction for plunder for which he was sentenced to X cannot run for public office because though
reclusion perpetua. X wanted to run office and feel he can do so because terms pardoned, by CE extinguished hs criminal liability and
of pardon are silent about the matter or otherwise does not expressly prevent the effects thereof the right to run for public office can
him from doing so, only be restored if expressly remitted in pardon.
41. No penalty Measures of prevention and safety under Art 24 RPC
42. N pecuniary penalty Restitution
43. RB was charged if Rape and eventually convicted thereof. Pending of his Both the criminal and civil aspect of the case should be
conviction, RB died. dismissed as death of accused pending appeal for his
conviction extringuishes not only his criminal liability
but also his civil liability
44. Not mode of extinguishing penalty of fine Service of equivalent period of subsidiary
imprisonment in case of insolvency where fiinancuial
circumstances of offender has improved and
thereafter.
45. What is the period of probation where accused is sentenced to fine and applies It depends on the period fixed by the court but it cannot
for probation. be less than nor more than twice the equivalent
number of days of subsidiary imprisonment
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46. In murder case committed by several persons, those who were present from the Can be convicted as coprincipals by direct participation
time the victim was taken from his office until the time the vitim was killed but because their voluntary presence lent moral aid to
who did not take actual part in said killing are nevertheless guilty as principals; commission of crime
however those who did not accompany the rest of the party to the place where
victim was killed but who were only detailed to guard the victim’s companion at a
point of distance from place where killing of victim took place
47. In case of accident under Article 12 (4) RPC There is neither criminal nor civil liability incurred
48. The mother of tief who helped the latter in selling stolen goods Is liable as an accessory-after-thefact if she acted with
knowledge of stolen character of goods and is not
exempt from criminal liability as such despite her
relationship to principal of crime
49. On question of insanity as a defense in criminal cases, and there incidental Insanity as a defense is a confession and avoidance
corollaries as to legal presumption and kind of quantum of evidence required, and as such must be proved beyond reasonable doubt
theories abound and authorities are in sharp conflict, Philippine theory applies. when the commission of crime is established and when
the defense of insanity is not made beyond reasonable
doubt, conviction follows.
50. A wife prepared the way for the perpetration of crime of rape committed by her Principal by indispensable cooperation
husband upon 12 year old victim by conducting her by force and vilence to place
among the trees, where she called to her husband, a person chiefly interested in
perpetrating crime, delivering victim to her husband and then going away from
the scene of crime so that husband might freely consummate the pre-arranged
rape as the latter did with violence and intimidation
Felonies according to Article 3 of the RPC may be committed by means of Dolo or Culpa. In crimes involving Dolo, there must exist 3
elements (1) Freedom (2) Intelligence (3) intent. On the other hand for culpa, there must be (1) Freedom (2) Intelligence and (3)
Negligence.
There are crimes wherein mere perpetration therof constitutes as crime regardless of existence of one’s criminal intent. Mala prohibita,
an example of which is the illegal possession of firearms , wherein mere possession itself regardess of criminal intent, already amounts
to crime per se. It should also be noted that in culpable felonies, there is no intent, there is only negligence, nevertheless is regarded as a
rime. Therefore, criminal intent is NOT an element of all crimes.
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Mistake of Fact exists when a person commis (1) an act that is lawful, (2) Intent I lawful (3) No negligence upon a person committing a
certain act. (Cite U.S v. Ah Chong)
There are two theories used by courts, the French theory where courts does not acquire jurisdiction over crimes committed on board
merchant vessels unless it affects public safety/security. English theory which is applied by our courts, territorial court acquires
jurisdiction over cries committed on board merchant vessels except when crime merely involves internal matters/ crew problems within
the vessel.
Mala in se acts which by reason of its nature is regarded as a crime and is deemed punishable. An example of which are rape, murder
and theft. Mala Prohibita crimes are acts which are made punishable by law, an example of which is illegal possession of firearms, it may
not be inherently evil, but mere possession is made punishable by law. As a general rule, mala in se crimes are governed by the RPC
while mala prohibita crimes are governed by special laws.
Penal laws are those acts of legislature which prohibit certain acts and establish penalties for their violations or those that defines
crimes, treat of their nature and provide for their punishment (Salvador v. Mapa)
Ex post facto law : penal law only
Overriding concern of courts in criminal cases is not whether accused is completely innocent but rather whether the quantum if
evidence necessary to prove his guilt was sufficiently met. (Requirement of Proof beyond reasonable doubt)
Proof beyond reasonable doubt does not mean the degree of proof excluding possibility of error an producing absolute certainty. Only
moral certainty or that degree of proof which produces conviction in an unprejudiced mind is required.
Courts when prosecution seeks to prove the guilt of accused by means of circumstantial evidence : (a) Act upon with caution (b) All
essential facts must be consistent with hypothesis of guilt of accused. (c) Exclude every other theory but that guilt of accused (d)
Convince beyond reasonable doubt that he was the perpetrator of the offense.
Except as provided in the treaties and laws of preferential application, the provisions of this code shall be enforced not only within the
Philippine archipelago, including its atmosphere, its interior waters and maritime zones but also outside against those who (1) Should
commit an offense while on PH ship/airship (2) Forge or ccounterfeit any coin or currency note of PH islands or obligations and
securities issued by Gov (3) Liable for acts connected with interoduction of these islands and obligations and securities mentioned in
preceeding number (4) While being public officers or employees, should commit an offense in exercise of function (5) Should commit
any crimes against national security or law of the nations
Criminal Law – A branch of municipal law which defines crimes, treats of their nature and provides for their punishment.
General – the law is binding to all persons who reside in the Philippines
Territorial – the law is binding to all crimes committed within the National Territory of the Philippines
Exception to Territorial Application: Instances enumerated under Article 2.
Prospective – the law does not have any retroactive effect.
Exception to Prospective Application: when new statute is favorable to the accused.
The primary purpose of the punishment under criminal law is the protection of society from actual and potential wrongdoers. The
courts, therefore, in exacting retribution for the wronged society, should direct the punishment to potential or actual wrongdoers,
since criminal law is directed against acts and omissions which the society does not approve. Consistent with this theory, the mala
prohibita principle which punishes an offense regardless of malice or criminal intent, should not be utilized to apply the full harshness
of the special law.
Violations of the Revised Penal Code are referred to as malum in se, which literally means, that the act is inherently evil or bad or per se
wrongful. On the other hand, violations of special laws are generally referred to as malum prohibitum.
Note, however, that not all violations of special laws are mala prohibita. While intentional felonies are always mala in se, it does not follow that
prohibited acts done in violation of special laws are always mala prohibita. Even if the crime is punished under a special law, if the act punished
is one which is inherently wrong, the same is malum in se, and, therefore, good faith and the lack of criminal intent is a valid defense; unless it is
the product of criminal negligence or culpa.
(JACINTO v. PEOPLE)
t as of the time that petitioner took possession of the check meant for Mega Foam, she had performed all the acts to consummate the
crime of theft, had it not been impossible of accomplishment in this case. The circumstance of petitioner receiving the P5,000.00 cash as
supposed replacement for the dishonored check was no longer necessary for the consummation of the crime of qualified theft.
Obviously, the plan to convince Baby Aquino to give cash as replacement for the check was hatched only after the check had been
dishonored by the drawee bank. Since the crime of theft is not a continuing offense, petitioner's act of receiving the cash replacement
should not be considered as a continuation of the theft. At most, the fact that petitioner was caught receiving the marked money was
merely corroborating evidence to strengthen proof of her intent to gain.
Moreover, the fact that petitioner further planned to have the dishonored check replaced with cash by its issuer is a different and
separate fraudulent scheme. Unfortunately, since said scheme was not included or covered by the allegations in the Information, the
Court cannot pronounce judgment on the accused; otherwise, it would violate the due process clause of the Constitution. If at all, that
fraudulent scheme could have been another possible source of criminal liability.
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IN VIEW OF THE FOREGOING, the petition is GRANTED. The Decision of the Court of Appeals, dated December 16, 2003, and its
Resolution dated March 5, 2004, are MODIFIED. Petitioner Gemma T. Jacinto is found GUILTY of an IMPOSSIBLE CRIME as defined and
penalized in Articles 4, paragraph 2, and 59 of the Revised Penal Code, respectively. Petitioner is sentenced to suffer the penalty of six
(6) months of arrresto mayor, and to pay the costs.
Defense of Insanity
Insanity as a defense in admission and guidance which must be proved beyond reasonable doubt, in which the commission of crime of
insanity as a defense is not proven, conviction follows
Entrapment Instigation
Accused is merely entrapped by peace officer who holds Origin of crime stems from the criminal officer by inducing
accused in flagrant delicto. accused to commit crime.
Peace officer is without criminal liability because his/her Peace officer is criminally liable as principal by inducement
actions are in line with law and policy
Art. 24. Measures of prevention or safety which are nor considered penalties. — The following shall not be considered as penalties:
1. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring
their confinement in a hospital.
2. The commitment of a minor to any of the institutions mentioned in Article 80 and for the purposes specified therein. (repealed! See Art 9344)
3. Suspension from the employment of public office during the trial or in order to institute proceedings.
4. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers, superior officials may impose upon
their subordinates.
5. Deprivation of rights and the reparations which the civil laws may establish in penal form.
Not imposed after trial but mere preventive measures
Paragraph 2 has been repealed by the Juvenile Justice Act. Not a penalty but a measure to enhance the person of a minor.
Other relevant special laws:
o PNP Act (RA 6975) – preventive suspension of policemen during criminal trials (Sec 41 and 47)
o Anti-Graft and Corrupt Practices Act (RA 3019) – suspension of public official after filing of a valid information
o Plunder Act (RA 7080) - suspension of public official after filing of a valid information
o VAWC (RA 9262) – offended party entitled to protection orders, or accused must file a bond to keep the peace
The imposition of penalty is the decding of court with regard to the period of imprisonment to be served by acused upon conviction,
providing for the minimum and maximum period of time of sentence. Service of Penalties refers to the actual time the offender is
committed to the prison. This may be lower than maximum imposed penalty. In cases where the offender is simultaneously serving
more than three imposed penalties, the three fold rule must apply. It states that (1) Sum of sentence should not exceed three times of
what is the most severe penalty (2) Sum should not exceed 40 years (3) Offender is serving at least 4 sentences simultaneously.
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PAROLE
Parole lasts for a certain period of time.
If he complies with the conditions of the parole, the Board of Pardons and Parole will give out final release and discharge.
Parole Pardon
Minimum sentence must be served Service not required for grant
Granted by law By Pres
ACT 410 3Sec. 6. Every prisoner released from confinement on parole by virtue of this Act shall, at such times and in such manner as may be
required by the conditions of his parole, as may be designated by the said Board for such purpose, report personally to such government officials
or other parole officers hereafter appointed by the Board of Indeterminate Sentence for a period of surveillance equivalent to the remaining
portion of the maximum sentence imposed upon him or until final release and discharge by the Board of Indeterminate Sentence as herein
provided. The officials so designated shall keep such records and make such reports and perform such other duties hereunder as may be
required by said Board. The limits of residence of such paroled prisoner during his parole may be fixed and from time to time changed by the
said Board in its discretion. If during the period of surveillance such paroled prisoner shall show himself to be a law-abiding citizen and shall not
violate any of the laws of the Philippine Islands, the Board of Indeterminate Sentence may issue a final certificate of release in his favor, which
shall entitle him to final release and discharge.
According to Art 15 of RPC, intoxication is considered a mitigating circumstance if he same is not habitual and is not intentional in so far
as the offender included his/her intoxicaton in plan to commit crime. However, if the intoxication is habitual and intentional, then it is an
aggravating circumstance.
Art. 96. Effect of commutation of sentence. — The commutation of the original sentence for another of a different length and nature shall have
the legal effect of substituting the latter in the place of the former.
Art. 97. Allowance for good conduct. — The good conduct of any prisoner in any penal institution shall entitle him to the following deductions
from the period of his sentence:
1. During the first two years of his imprisonment, he shall be allowed a deduction of five days for each month of good behavior;
2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of eight days for each month of good
behavior;
3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of ten days for each month of
good behavior; and
4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of fifteen days for each month of good
behavior.
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Art. 98. Special time allowance for loyalty. — A deduction of one-fifth of the period of his sentence shall be granted to any prisoner who, having
evaded the service of his sentence under the circumstances mentioned in Article 58 of this Code, gives himself up to the authorities within 48
hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe to in said article.
Art. 99. Who grants time allowances. — Whenever lawfully justified, the Director of Prisons shall grant allowances for good conduct. Such
allowances once granted shall not be revoked.
Good conduct allowance given when:
There was an occurrence of a disorder/calamity which the prisoner did not participate
Convict escapes
He gives himself up 48 hours after proclamation that no more calamity
He gets 1/5 deduction of his service!
He must escape and then return. If he doesn’t escape, just stays put in the prison, he doesn’t get any good conduct allowance. Lesson:
escape, but return.
If he escapes for good, but gets captured, or doesn’t return within 2 days, he will get 1/5 addition to the remaining sentence which
shouldn’t be more than 6 months.
QUESTION ANSWER
1. Can local government define as crime and provide for punishment of acts Yes, same act may constitute an offense against both
already defined as crime and punishable under national laws state and political subdivision thereof and both
jurisdiction may punish act without infringing any
constitutional principle
2. Law amending a portion of tax code contains provisions on the payment of Those favorable provisions should be given retroactive
penalties, interests, subcharges on unpaid taxs ore favorable to the taxpayer application only if so expressly indicated in amendatory
than those contained in amended portion thereof. law or otherwise appears therein by clear legislative
intent in amendatory law or it otherwise appears therein
by clear legislative intent
3. X, a customs inspector abstracted a leather belt valued at P.80 from the X should be convicted of consummated theft
baggage of Japanese, and secreted the belt in his desk in Custom House where
it was found by other custom employees. X was really under observation by
other customs employees during the entire transaction; hence he was in fact
not able to get the merchandise out of customs house.
4. Rape sought to be perpetrated upon child of age of 3 years and 11 months, by Consummated rape
reason of whose tender age it has been suggested that penetration was
impossible, although physical evidence from an examination of victim’s private
part clearly indicated repeated efforts to do so
5. Should a person otherwise qualified but who admits having violated city No, because a violation of municipal ordinance to qualify
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ordinance on jaywalking and another ordinance requiring a cochero to occupy as a “crime” must involve at least a certain degree of evil
only the seat intended for a a cochero n a calesa be disqualified for doing, immoral conduct, corruption, malice, or want of
appointment of QC police force as one having had criminal records principles reasonably related to requirement of public
office.
6. Dolo means Malice
7. The provision of Art 22 RPC Applicable to appeals and proceedings for the
prosecution of crimes, such as prescription of crimes and
penalties because it cannot be denied that the provisions
relative to the prescription of crime and of penalties are
penal laws or form part thereof.
8. The provision of Art 22 of RPC declaring retroactivity of penal laws in so far as Applies to acts or omissions penalized by special laws,
they are favorable to the defendants in criminal action for felony considering in particular that under Art 10 of RPC, code
shall be supplementary to such special penal laws uless
latter should specially provide the contrary.
9. In prosecution for rape, all the victim said when she testified before trial court Attempted rape
was that, in an effort to have sexual intercourse with her, the accused’s penis
touched her organ but did not penetrate it” .
10. Where offender was apprehended after setting fire to some rags and jute sacks The crime committed is frustrated arson, he offender
soaked in kerosene oil and placed near the partition of an inhabited house, having performed all the steps conducive to the bruning
enough to start fire in said partition, and the fire is immediately put out. What of house, but notwithstanding these acts, he did not
stage of execution (Arson) accomplish criminal which he had intended to
consummate by reason of causes independent of his will
11. Is it correct to say that crimes punishable under special penal laws may be It depends, the controlling consideration appears to be
classified according to their stage of execution as consummated, frustrated or whether or not offenses punishable under special laws
attempted? would admit application of such classification.
12. One who raises weapon against another as if about to strike at the same time Guilty of grave threats because the wrong threatened to
announcing an intention to kill latter, but voluntarily desists going futher by the be committed constitutes a crime
timely appearance of a police man and the realization of the certainty of
apprehension should he continue to execute act .
13. Where the decision in a criminal case had long become final and when a new Convict should be released after undergoing
law was enacted, whose under provisions the penalty for crime which accused imprisonment properly impossible under new law
was convicted was lowered. provided he is not a habitual delinquent
14. When peace officers, assigned to catch a notorious criminal, and finding a Police officers would be guilty of murder, whether or not
person at place where criminal was expected, sleeping with his back turned they commit a mistake as to the identity of their targets
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towards said officers, fires at him while asleep without even pushing to
ascertain his identity
15. A felony punishable by P200 is A light felony because Art 9 includes in the classification
of light felonies , those infractions of law fro the
commission of which penalty shall not exceed 200 pesos
when it is imposed.
16. When to be precise is proof of criminal intent necessary Crimes by means of dolo
17. Not a requisite for an impossible crime That there be damages to person or injury to property.
18. The wound inflicted treacherously by X on Y was not the kind which could have NO. The crime of murder is undoubtedly only in
caused her death as in fact, she was confined at Medicare Hospital for 1 day. attempted stage no fatal wound having been inflicted on
Can it be argued that X should be convicted of frustrated and not merely Y
attempted murder?
19. What is the penalty two degrees higher than reclusion temporal assuming a Reclusion perpetua for forty years with the accessory
case of qualified theft involving the amount of P2,800,000. penalties of death under art 40 of RPC which means in
fine that accused is not entitled to pardon before lapse of
40 year period.
20. RA 8294 amended certain provisions of P.D 1866, a special penal law penalizing Maximum term of indeterminate sentence should be that
illegal possession of firearms. With passage of aforementioned law, penalty for which in view of attending circumstances, should propery
simple illegal possession of low powered firearm……. If accused was convicted imposed under rules of RPC
under the said law, how is the maximum of his indeterminate sentence to be
determined?
21. Not ground for extinction of criminal liability Partial service of sentence
22. Art 70 the period of perpetual penalties Thirty years
23. When is penalty for failure to give bond to keep peace, whenever convict is so If accused shall have been prosecuted for light felony
obliged under his sentence, a period of detention not exceeding 30 days
24. An instance where penal law favorable to accused may not be applied Offender habitual delinquent
retroactively
25. In case of accident under Art 12 (4) of RPC - Neither criminal nor civil liability
26. X detention prisoner who is not otherwise a recidivist or a habitual delinquent Yes, but only to the reduced measure equivalent to 4/5 of
refused to abide by rules and regulations prescribed for convicted prisoners time spent in preventive detention
serving sentence in institution in which he is detained. Should he be convicted
of offense, he is charged with would be entitled to credit for time spent in
preventive detention