Criminal Law Book 1 -(2025)

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It is that branch of law which defines crimes, treats of their nature, and provides for their punishment.
He is a person formally charged in court for having violated a penal law – either the Revised Penal Code or a special law.
The Revised Penal Code is also known as Republic Act No. ________?
When did the Revised Penal Code take effect?
Give at least 3 sources of Philippine criminal law.
Give at least 5 statutory rights of the accused.
What are the 3 main characteristics of the Philippine criminal law?
It means that Philippine criminal laws are binding on all persons who live or sojourn in the Philippines.
Give the 3 exceptions to the general application of criminal law.
It means that our criminal law undertakes to punish crimes committed only with the Philippine territory.
Give the 5 exceptions to the territorial application of criminal law.
It means that a penal law cannot make an act punishable when it was not punishable when committed.
Give the exception to the prospective application of criminal law.
These are acts or omissions punishable by the Revised Penal Code.
What is the English translation of the Latin maxim NULLIM CRIMEN NULL POENA SINE LEGE?
What is the Latin maxim of "there is no crime when there is no law punishing it"?
What are the 2 classification of felonies according to the manner or mode of execution?
It is a classification of felony committed by means of deceit or malice.
It is a classification of felony where the wrongful acts result from imprudence, negligence, lack of foresight or lack of skill.
What are the 3 classification of felonies according to the stage of execution?
It is a felony where all the elements necessary for its execution and accomplishment are present.
It is a felony where the offender performs all the acts of execution which would produce the felony as a consequence but which nevertheless do not produce it by reason of causes independent of the will of the perpetrator.
It is a felony where the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause of accident other that his own spontaneous desistance.
What are the 3 classification of felonies according to gravity?
These are felonies where the law attaches the capital punishment or penalties which in any of their periods are afflictive.
These are felonies where the law punishes with penalties which in their maximum period are correctional.
These are infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding two hundred pesos, or both, is provided.
These are crimes which are wrong from their nature.
The crimes are wrong, merely because they are prohibited by statute.
How is criminal liability incurred? Give the 2.
What is error in personae?
What is abberatio ictus?
What is praeter intentionem?
It is an act performed with malice which would have been an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means.
What is the penalty of impossible crime?
In impossible crime, it occurs where the intended acts, even if completed, would not amount to a crime.
In impossible crime, it occurs when extraneous circumstances unknown to the actor or beyond his control prevent the consummation of the intended crime.
In impossible crime, it means giving a person a drink mixed with sugar which the accused believed to be poison.
It exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.
It exists when the person who has decided to commit a felony proposes its execution to some other person or persons.
It means that the basis of criminal liability is human free will.
What is the purpose of the penalty under the classical theory?
It means that the the basis of criminal liability is the sum of the social, natural and economic phenomena to which the actor is exposed.
What are the purposes of the penalty under the positivist theory?
It combines the good features of classical and positivist theories.
It means that the crimes committed on board a foreign vessel is triable in the country where the crime was committed.
It means that the crimes committed on board a foreign vessel is not triable in the country where the crime was committed.
It is the moving power which impels one to action for a definite result.
It means that whenever a penal law is be construed or applied and the law admits of two interpretation, one lenient to the offender and one strict to the offender, that interpretation which is lenient or favourable to the offender will be adopted.
These are crimes that are consummated in a single act. They do not admit stages of execution.
These are crimes which have various stages of execution.
These are crimes where all the elements took place in one jurisdiction.
These are crimes where the elements took place in different jurisdictions.
These are crimes which involve the use of force, violence, terror, fraud, deception, economic pressure, or any other illegal means, to create, maintain, or enhance the power, interest, or ideology of a group, organization, or institution, to the detriment of, or destruction of other rival groups, often causing fear in and victimization of innocent persons.
These are crimes which require that the offended party file a complaint for the criminal case to be instituted.
It is that cause, which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury without which the result would not have occurred.
It indicates deficiency of action, failure to take the necessary precaution to avoid injury to person or damage to property.
It indicates deficiency of perception, failure to pay proper attention, and to use diligence in foreseeing the injury or damage impending to be caused.
It is one which makes criminal an act done before the passage of the law and which was innocent when done, and punishes such act.
It is the suffering that is inflicted by the State for the transgression of the law.
It has the authority to enact penal laws.
It is a minor infraction of the law, such as a violation of an ordinance.
Who is your instructor in Criminal Law Book 1?
Who is your instructor in Criminal Law Book 1?
Give the 5 circumstances affecting the criminal liability of an individual.
Give the 6 justifying circumstances.
Give the 3 requisites of self-defense.
It contemplates an actual, sudden and unexpected attack or imminent danger thereof, and not merely a threatening or intimidating attitude.
These are those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability.
It means that the means employed defending himself need not be exactly equivalent or identical to the means used by the aggressor. What the law requires is only a reasonable relation between the attack and the defense – that the means used were rationally necessary to prevent or repel the unlawful aggression.
It refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in a battering relationships as a result of cumulative abuse.
This refers to a woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without concern for her rights.
What are the 3 phases of cycle of violence?
It refers to a phase of the cycle of violence which means that minor battering occurs, it could be verbal or slight physical abuse or another form of hostile behavior.
It refers to a phase of the cycle of violence which is characterized by brutality, destructiveness, and sometimes, death.
It refers to a phase of the cycle of violence which means that the couple experience profound relief. The batterer may show a tender and nurturing behavior towards his partner. On the other hand, the battered woman also tried to convince herself that the battery will never happen again.
To invoke the defense of relatives, who are the relatives that can be defended?
Give the 3 requisites of defense of relatives.
Give the 3 requisites of defense of stranger.
It contemplates of a person who, in order to avoid an evil or injury, does an act which caused damage to another.
Who is your instructor in Criminal Law Book 1?
Who is your instructor in Criminal Law Book 1?
These refer to those grounds for exemption from punishment because there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent.
Give the 7 exempting circumstances.
It exists where there is a complete deprivation of intelligence in committing the act, that is, the accused is deprived of reason, he acts without the least discernment.
Who has the burden of proof to show insanity?
How much evidence is necessary to overthrow the presumption of sanity?
It refers to one who, while advanced in age, has a mental development comparable to that of children between 2 and 7 years of age.
It refers to a person who at the time of the commission of the offense is below 18 years old but not less than 15 years and one day old.
It means the capacity of the child at the time of the commission of the offense to understand the differences between right and wrong and the consequences of the wrongful act.
It is something that happens outside the sway of our will, and although it comes about through some act of our will, lies beyond the bound of humanly foreseeable consequences.
This exempting circumstance presupposes that a person is compelled by means of force or violence to commit a crime.
This exempting circumstance also presupposes that a person is compelled to commit a crime by another, but the compulsion is by means of intimidation or threat, not force of violence.
What is the English translation of the Latin maxin, "actus me invito factus non est meus actus"?
What is the latin translation of the phrase "an act done by me against my will is not my act"?
It refers to those where the actors are granted freedom from charge or immunity from burden for reasons of public policy and sentiment even if their acts constitute a crime.
Who is your instructor in Criminal Law Book 1?
Who is your instructor in Criminal Law Book 1?
These are those circumstances which do not entirely free the actor from penal responsibility but serve only to lessen or reduce the penalty imposable.
It is a class of mitigating circumstance that can be offset by aggravating circumstances.
It is a class of mitigating circumstance which tends to reduce the penalty by periods.
It is a class of mitigating circumstance that cannot be offset by any aggravating circumstances.
It is a class of mitigating circumstance which tends to reduce the penalty by degrees.
Give the 9 mitigating circumstances.
It refers to any unjust or improper conduct or act of the offended party, capable of exciting, inciting, or irritating any one.
It exists when the offender commits a crime while under the influence of a powerful emotion caused by a lawful and just provocation, which for the moment deprives him of reason and self-control.
Who is your instructor in Criminal Law Book 1?
Who is your instructor in Criminal Law Book 1?
These are those circumstances which, if attendant in the commission of the crime, serve to increase the penalty without, however, exceeding the maximum of the penalty provided by law for the offense.
It is a kind of aggravating circumstance that can generally apply to all crimes.
It is a kind of aggravating circumstance that apply only to particular crimes.
It is a kind of aggravating circumstance that change the nature of the crime.
It is a kind of aggravating circumstancethat must of necessity accompany the commission of the crime.
It refers to a building or structure, exclusively used for rest and comfort.
What is a band?
He is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the RPC.
It occurs when the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.
It occurs when a person, within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification, is found guilty of any of said crimes a third time or oftener.
It occurs when a person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony.
Explain recidivism.
Explain reiteracion.
Explain habitual delinquency.
Explain quasi-recidivism.
It implies a deliberate planning of the act before executing it.
It involves trickery and cunning on the part of the accused.
It involves insidious words or machinations used to induce the victim to act in a manner which would enable the offender to carry out his design.
It means resorting to any device to conceal identity.
There is __________ when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.
It means that the offended party was not given opportunity to make a defense.
It is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury cause by the crime.
It exits when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing him unnecessary physical pain in the consummation of the criminal act.
Who is your instructor in Criminal Law Book 1?
Who is your instructor in Criminal Law Book 1?
These are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission.
Give the 3 alternative circumstances.
The alternative circumstance of relationship is mitigating in crimes against _______________.
The alternative circumstance of relationship is aggravating in crimes against ___________.
The alternative circumstance of intoxication is mitigating if intoxication is _________________ or _________________.
The alternative circumstance of intoxication is aggravating if ___________________ or _______________.
The alternative circumstance of degree of instruction and education is mitigating when ______________.
The alternative circumstance of degree of instruction and education is aggravating when _____________________.
Who are criminally liable for grave and less grave felonies?
Who are criminally liable for light felonies?
What are the 3 classes of principals?
Explain principal by direct participation.
Explain principal by induction.
Explain principal by indispensable cooperation.
He is one who, not having participated as principal, cooperates in the execution of the offense by previous or simultaneous act.
Explain accomplice.
Who is an accessory?
What are the 2 classes of accessories are contemplated in paragraph 3 of Article 19?
It is the act of any person, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft.
It includes any person, firm, association, corporation or partnership or other organization who/which commits the act of fencing.
Who is your instructor in Criminal Law Book 1?
Who is your instructor in Criminal Law Book 1?
It is the suffering that is inflicted by the State for the transgression of law.
It is the punishment imposed by lawful authority upon a person who commits an unlawful, deliberate or negligent act.
What is the penalty for capital punishment?
Give the 5 afflictive penalties.
Give the 4 correcctional penalties.
Give the 2 light penalties.
Give the duration of penalty of reclusion perpetua.
Give the duration of penalty of reclusion temporal.
Give the duration of penalty of prision mayor.
Give the duration of penalty of prision correccional.
Give the duration of penalty of arresto mayor.
Give the duration of penalty of arresot menor.
It is the personal penalty prescribed by law in substitution of the payment of fine .
Who is your instructor in Criminal Law Book 1?
Who is your instructor in Criminal Law Book 1?
It is the law which prohibits the imposition of death penalty and provides for the imposition of the penalty if reclusion perpetua in lieu of death.
What is required vote for the imposition of the death penalty?
Give the 3 instances where death penalty is not imposed.
Give the 2 kinds of complex crimes.
It exists when a single act constitutes two or more grave or less grave felonies
Explain compound crime
It occurs when an offense is a necessary means for committing the other .
Explain complex crime proper.
What is the penalty for complex crime?
It is composed of two or more crimes that the law treats as a single indivisible and unique offense for being the product of a single criminal impulse. It is a specific crime with a specific penalty provided by law.
What is the penalty for impossible crime?
Who is your instructor in Criminal Law Book 1?
Who is your instructor in Criminal Law Book 1?
It means that the maximum duration of the convict’s sentence shall not be more than three times the length of time corresponding to the most severe of the penalties imposed upon him.
It requires the courts to impose an indeterminate sentence with a maximum and minimum term for offenses punishable by the RPC and special laws.
It is a disposition under which a defendant, after conviction and sentence, is released to conditions imposed by the court and to the supervision of a probation officer.
When is the time to file the application for probation?
Where to file the application for probation?
Who are offenders disqualified from being placed on probation? Give the 5.
What are the two mandatory conditions of probation?
For how long may a convict be placed on probation?
What is the effect of violation of probation order?
When and how is probation terminated?
What are the effects of the termination of probation?
Who is your instructor in Criminal Law Book 1?
Who is your instructor in Criminal Law Book 1?
Explain destierro.
The criminal liability of a person may be totally extinguished. Give the 7.
It is an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed.
The President may not extend pardon in what cases? Give the 3.
It is the forfeiture or loss of the right of the State to prosecute the offender after the lapse of a certain time.
It is the loss or forfeiture of the right of the State to enforce the penalty imposed on a convict due to the lapse of time from the time the convict evaded the service of his sentence.
The criminal liability of a person may be extinguished partially. Give the 3.
It refers to the reduction of the duration of a prison sentence of a prisoner.
These are deductions from the term of the sentence for good behavior and for study, teaching and mentoring.
It refers to the conditional release of an offender form a correctional institution after he has served the minimum of this prison sentence.
It is a deduction in the period of the sentence of a prisoner who, having evaded the service of his sentence during the calamity or catastrophe mentioned in Article 158, gives himself up to the authorities within 48 hours following the issuance of a proc
A deduction of _______ of the period of his sentence shall be granted to a prisoner who chose to stay in the place of his confinement.
A deduction of _______ of the period of his sentence shall be granted to a prisoner who, having evaded the service of his sentence during the calamity or catastrophe mentioned in Article 158, gives himself up to the authorities within 48 hours following
Who is your instructor in Criminal Law Book 1?
Who is your instructor in Criminal Law Book 1?