FINAL EXAMINATIONS Criminal Law Book 2

1. Distinguish the crime of Homicide from the crime of Physical Injury?

The crimes of homicide and physical injury are distinguished primarily by the severity of
the harm caused to the victim. The main distinction between homicide and physical injury lies in
the outcome of the act. Homicide involves the unlawful killing of a person, whether intentionally or
unintentionally, while physical injury refers to causing harm or injury to another person without
resulting in death.

2. When is a crime committed by means of Dolo?

A crime is considered to be committed with "dolo" when it is committed with criminal

intent or malice. "Dolo" is the general term used to describe criminal acts that are committed
intentionally or knowingly. Example of this are MURDER, THEFT, ROBBERY.

3. When is a crime committed by means of Culpa?

A crime is considered to be committed by means of "culpa" when it is committed through

negligence or imprudence. Culpa refers to the absence of intent or malice in the commission of the
act but involves the failure to exercise the degree of care and caution required under the
circumstances. Example of this are RECKLESS IMPRUDENCE RESULTING IN HOMICIDE and
DAMAGE TO PROPERTY THROUGH RECKLESS IMPRUDENCE.

3. Give an example of a crime committed by way of Criminal Negligence.

For example, if a person operates a motor vehicle while under the influence of alcohol or
drugs, resulting in a collision that causes serious injuries to another person, it could be considered a
crime committed by way of criminal negligence under Article 365. The act of driving under the
influence, although not intended to cause harm, exhibits reckless behavior and disregard for the
safety of others.

5. Give 5 examples of crimes against persons.

1. MURDER

2. HOMICIDE
3. PARRICIDE

4. INFANTICIDE

5. PHYSICAL INJURY

6. Give 2 examples of crimes against property.

1. ROBBERY

2. THEFT

7. Give at least Five (5) acts penalized under R.A 9165?

1. Illegal Possession of Dangerous Drugs

2. Using of Dangerous Drugs

3. Manufacture of Dangerous Drugs

4. Maintaining a Drug Den, Dive, or Resort

5. Possession of Drug Paraphernalia

8. Give at least two (2) examples of acts being punished as "Alarms and Scandal".

1. Discharging any firearm, rocket, firecraker, or other explosives calculated to cause alarm or
scandal.

2. Wandering about at night or while engage in any other nocturnal amusements that will disturb
the public peace.

9. What are the elements of "Arbitrary Detention"?

1. That the offender is a public officer or employe.

2. That he detains a person.

3. That it was without legal grounds.

10. Within what periods of time that a public officer must deliver a detained person to the
proper judicial authorities so as not be criminally liable for "Delay in the delivery of
detained persons" under Art. 125 of the Revised Penal Code?
 -12 hours, for crimes/offenses punishable by light penalties, or their equivalent

-18 hours, for crimes/offenses punishable by correctional penalties, or their equivalent

-36 hours, for crimes/offenses punishable by afflictive or capital punishment, or their

equivalent

11. What are the elements of "Search Warrant Malicious Obtained"?

1. The offender is a public officer or employee.

2. He procures a search warrant.

3. There is no just cause.

12. What are the elements of "Searching domicile without witnesses"?

1. The offender is a public officer or employee.

2. He is armed with search warrant legally procured.

3. He searches the domicile, papers, or other belongings of any person.

4. The owner, or any member of his family, or two witnesses residing in the same locality are not
present.

13. What are the elements of "Treason"?

1. The offender is a Filipino citizen or an alien residing in the Philippines.

2. That there is a war in which the Philippine is involved.

3. The offender either;

-levies war against the Government, or

-adheres to the enemies, giving them aid or comfort

14. What are the elements of "Direct Assault"?

1. The offender employs force or intimidation.

2. The aim of the offender is to attain any of the purpose of the crime of rebellion or any of the
objects of the crime of sedition.

3. There is no public uprising.

15. In illegal drugs offenses, what are the resulting penalties to be meted if the offender is an
alien or foreigner?

Under Section 31 of RA 9165, any alien who violates such provisions in this Act shall, after
service of sentence, be deported immediately without further proceedings, unless the penalty is
DEATH.

16. What is "bungling in the prosecution of drug cases"?

The term "bungling in the prosecution of drug cases" refers to a provision that addresses
the mishandling or ineffective handling of drug cases by public officials or law enforcement
personnel involved in the prosecution process. The term "bungling" generally refers to acts of
incompetence, negligence, or mishandling that result in inefficiency or failure in the prosecution of
drug cases. This can include various situations, such as:

1. Mishandling of seized drugs or evidence

2. Inadequate or improper handling of case documentation

17.Distinguish the crime of Murder from the crime of Homicide.

Homicide refers to the intentional killing of another person without the presence of
qualifying circumstances while murder is a more serious offense compared to homicide because it
involves the intentional killing of another person with the presence of qualifying circumstances.
The crimes of Murder and Homicide are distinguished by their elements and the presence of
qualifying circumstances. If qualifying circumstances are proven, the offense is classified as murder.
If no qualifying circumstances are present, the offense is considered homicide.

18. What is Parricide?

Parricide is when a person kill his father, mother, or child, whether legitimate or
illegitimate, or any of his ascendants, or descendants, or his spouse.

19. How is the crime of Concubinage being committed?

 Concubinage is committed when a married man cohabits with a woman who is not his wife,
and the woman knows that the man is married.

20. What is Adultery?

Adultery is committed by a married woman who engages in sexual intercourse with a man
other than her husband, while the marriage is subsisting and regardless of whether the man she
had sexual intercourse with is married or single.

21. When is Bigamy committed?

Bigamy is committed when a person contracts a second or subsequent marriage while the
first marriage is still subsisting and valid.

22. Who are liable for Malicious Mischief?

Under Article 327, any person who shall deliberately cause the property of another any
damage not falling within the terms of the next preceding chapter shall be guilty of malicious
mischief.

23. When and how Rape is committed?

Rape is committed by having carnal knowledge of a woman under any of the following
circumstances:

1. By using force or intimidation.

2. When the woman is deprived of reason or otherwise unconscious; and

3. When the woman is under 12 years of age, even though neither of the circumstances
mentioned in the next preceding paragraphs shall be present.

24. What is Libel?

Libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary,
or any act, omission, condition, status, or circumstances tending to cause the dishonor, discredit, or
contempt of a natural or juridical person, or to blacken the memory of one who is dead.
25. What is the so-called "Cyber-Libel"?

"Cyber libel" refers to the act of committing libel through electronic or online means,
specifically over the internet or through digital communication platforms. It is the application of
traditional libel laws to the digital realm.

26. Differentiate Kidnapping from Abduction?

Kidnapping refers to the act of unlawfully and forcibly taking or transporting a person
against their will, typically for the purpose of ransom, extortion, or other unlawful motives.
Abduction, on the other hand, refers to the act of taking away a person against their will and
without lawful authority, but without the element of specific motives such as ransom or
extortion.

27. What is Oral Defamation?

Oral defamation or slander as now understood, has been defined as the speaking of base
and defamatory words which tend to prejudice another in his reputation, office, trade, business, or
means of livelihood.

28. Distinguish Illegal Detention from Arbitrary Detention.

Illegal Detention refers to the act of detaining a person against their will, without lawful
authority, for the purpose of depriving them of their liberty, illegal detention carries more severe
penalties when certain aggravating circumstances are present, such as the use of violence, threats,
or ransom demands. . Arbitrary detention on the other hand, refers to the act of detaining a person
without legal grounds, but without the presence of other aggravating circumstances.

29. Distinguish Rape from Acts of Lasciviousness.

Rape refers to the act of having sexual intercourse with a person under certain
circumstances without their consent. Acts of Lasciviousness, on the other hand, refers to the act of
engaging in lascivious conduct or behavior without the element of sexual intercourse. Acts of
Lasciviousness focus on indecent or lewd acts that do not involve sexual intercourse but are still
considered offensive and sexually inappropriate.

30. Distinguish Theft from Robbery.

 Theft and Robbery are two distinct offenses related to the unlawful taking of another
person's property. Theft refers to the act of taking someone else's personal property without the
use of force, violence, or intimidation. Robbery, on the other hand, refers to the act of taking
someone else's personal property through violence or intimidation. Robbery includes an element
of violence or intimidation, distinguishing it from theft. The use of force or intimidation is key to the
commission of the offense.