FREQUENTLY ASKED OBJECTIVE QUESTIONS IN CRIMINAL LAW
(1)Distinguish motive from intent. (1996; 1999)ANSWER:
is the reason which impels one to commit an act for a definite result,while
is the purpose to use a particular means to effect such result.
is anelement of the crime (except in unintentional felonies), whereas
(2)What do you understand by
error in personae
? Dothey alter the criminal liability of the accused? (1989; 1993; 1994; 1999)ANSWER:
or mistake in the blow occurs when the offender deliveredthe blow at his intended victim but missed, and instead such blow landed on an unintendedvictim. The situation generally brings about complex crimes where from a single act, two ormore grave or less grave felonies resulted, namely the attempt against the intended victimand the consequences on the unintended victim. As complex crimes, the penalty for themore serious crime shall be the one imposed and in the maximum period. It is only whenthe resulting felonies are only light that complex crimes do not result and the penalties areto be imposed distinctly for each resulting crime.
Error in personae
or mistake in identity occurs when the offender actually hit theperson to whom the blow was directed but turned out to be different from and not thevictim intended. The criminal liability of the offender is not affected, unless the mistake inidentity resulted to a crime different from what the offender intended to commit, in whichcase the lesser penalty between the crime intended and the crime committed shall beimposed but in the maximum period (Art. 49, RPC).
or where the consequence went beyond that intended orexpected. This is a mitigating circumstance (Art. 13, par. 3, RPC) when there is a notoriousdisparity between the act or means employed by the offender and the resulting felony,i.e., the resulting felony could not be reasonably anticipated or foreseen by the offenderfrom the act or means employed by him.
(3)Distinguish mala in se from mala prohibita. (1988; 1997; 1998; 2001; 2003)ANSWER:
Mala in se
is a wrong from its very nature, as most of those punished in theRPC. Hence, in its commission, intent is an element and good faith is a defense. The test todetermine whether an offense is mala in se is not the law punishing it but the very natureof the act itself.On the other hand, an act
is a wrong because it is prohibited by law.Without the law punishing the act, it cannot be considered a wrong. Hence, the merecommission of that act is what constitutes the offense punished and criminal intent will beimmaterial for reason of public policy.
(4)What are heinous crimes? Name ten specific heinous crimes. (1994; 1995; 1997)ANSWER:
Heinous crimes are those grievous, odious, and hateful offenses and which byreason of their inherent or manifest wickedness, viciousness, atrocity, and perversity, arerepugnant and outrageous to the common standards and norms of decency and morality in ajust, civilized and ordered society. They are punishable by
(WHEREAS CLAUSE, R.A. 7659)