Criminal Law 2

Final Exam Reviewer

TITLE 10 – CRIMES AGAINST PROPERTY

ROBBERY
 Define robbery
 What are the two classes of robbery?
 Who are guilty of robbery?
 What are the elements of robbery in general?

 What is the difference between robbery and usurpation?

 What does “taking” as an element of robbery, mean?
 What is RA 10883?

 What are the crimes that could be complexed with robbery?

 When is robbery with violence against or intimidation of persons, qualified?
 When is robbery deemed committed by a band?

 Describe execution of deeds by means of violence or intimidation?

 What are the kinds of robbery with force upon things?
 Differentiate robbery in an inhabited place and robbery in an uninhabited place as to penalty,
etc.?
 What are false keys? How are persons with false keys punished?

BRIGANDAGE
 Define brigandage? Who are brigands?
 What is PD 532? What are its effects on the crimes of brigandage defined in the RPC?

THEFT
 Who are liable for theft?
 What are the elements of theft?
 Distinguish theft from robbery?
 What is the meaning of “taking” in theft?
 Distinguish the Espiritu and Dino cases from each other in relation to whether or not there is a
crime of frustrated theft.
 Discuss theft of checks.
 What is PD 401?
 How, or by what means, can theft of electricity be effected?
 What is qualified theft? What element distinguishes qualified theft from simple theft?
 What is PD 534?
 When is theft qualified?
 What is PD 533?
 What is PD 330?
 What is PD 1612? Define “fencing.”

USURPATION
 What are the crimes under usurpation?

1
  What are the elements of occupation of real property or usurpation of real rights in property?
 What is RA 947?
 What is altering boundaries or landmarks?

SWINDLING AND OTHER DECEIPTS

 What are the elements of estafa in general?
 What are the 3 subdivisions classifying the different forms of estafa? Give an example of each.
 What is syndicated estafa? What are its coverage?
 Describe the crime of swindling a minor?
 What crimes are associated to chattel mortgage?

ARSON AND OTHER CRIMES INVOLVING DESTRUCTION

 What is destructive arson, and how is it distinguished from simple arson?
 What are the other forms of arson?
 What is PD 1613?

MALICIOUS MISCHIEF
 Define malicious mischief.
 What are the special cases of malicious mischief?
 Discuss the exemptions from criminal liability of certain crimes against property

TITLE 11 – CRIMES AGAINST CHASTITY

 What are the crimes against chastity?

ADULTERY
 Who are guilty of adultery?
 What are the elements of adultery?
 Explain the Supreme Court ruling that each sexual intercourse constitutes one crime of adultery.
 What is the essence and the gist (ground of a legal action) of adultery?
 What is pari delicto? Is it a defense in the charge for adultery? Why?
 Give instances when the acquittal of one party in adultery does not operate to acquit the other.

CONCUBINAGE
 What are the three ways of committing concubinage?
 What are the elements of concubinage?
 What are the three punishable acts in concubinage?
 May a married man be liable for concubinage for mere sexual relations with a woman not his
wife? Explain.
 Who is a mistress?
 What is a conjugal dwelling?

ACTS OF LASCIVIOUSNESS
 Define lewdness. Give an example.
 What are the circumstances for the crime of acts of lasciviousness?
 What does lascivious conduct mean?
 Give examples of acts of lasciviousness. Give examples of acts that are not lascivious.
 Discuss acts of lasciviousness in relation to RA 7610, Sec. 5(b)

2
  Discuss acts of lasciviousness with the consent of the offended party (Art. 339).

SEDUCTION
 What is seduction?
 What are the two kinds of seduction?
What are the two classes of qualified seduction?
 What is virginity? When is virginity presumed?
 How many classes of offenders are there in qualified seduction? Name the offenders in each of
the classes?
 What are the elements of simple seduction? Is virginity required in simple seduction? Explain.

CORRUPTION OF MINORS
 What is corruption or prostitution of minors as provided for under RA 7610?
 What is RA 9775? Give some unlawful or prohibited acts under that law?
 What is RA 10364

ABDUCTION
 What is the meaning of abduction?
 What are the two kinds of abduction?
 In the crimes against chastity, who are the persons who cooperate as accomplices but punished
as principals?
 What are those crimes embraced in the second, third and fourth chapters of Title 11?

TITLE 12 – CRIMES AGAINST THE CIVIL STATUS OF PERSONS

 What are the crimes against the civil status of persons?

SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS

 What are the acts punished under Art. 347?
 What is simulation of birth?
 What are the requisites that must be present for the crime of concealing or abandoning a
legitimate child?
 What is the object of the crime punished under Art. 347?
 What does abandon in Art. 347 mean?
 How is usurpation of civil status of another committed?

ILLEGAL MARRIAGES
 What is bigamy?
 What are the elements of bigamy?
 What is the rule regarding the nullity of a previous marriage in relation to bigamy?
 Distinguish void from voidable marriages?
 Enumerate the causes that may produce the legal dissolution of the first marriage.
 State the effect of divorce obtained abroad by the alien spouse.
 What is the crime punished in Art. 350 and what are its elements?

PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY

 Who are the offenders in the performance of illegal marriage ceremony (Art 352)?

3
  What constitutes a marriage ceremony?
 What are those crimes embraced in the second, third and fourth chapters of Title 11?

TITLE 13 - CRIMES AGAINST HONOR

 What are the crimes against honor?

LIBEL
 What is libel (Art 353)?
 How is libel related to defamation?
 What are the following: calumny, insult, libel? Does the RPC make a distinction between them?
 What are the elements of defamation? Briefly explain each element.
 What is the test of defamatory character of words used?
 What is the rule regarding the following and give an example: A. Imputation of a criminal act; B.
Imputation of a vice or defect; C. Imputation of an act or omission; D. Imputation of condition,
status, or circumstance.
 What is publication? State at least two rules related to publication.
 Distinguish between malice in fact and malice in law.
 What is cyber libel? What law prohibits and punishes cyber libel? Discuss the penalties for cyber
liber under RA 10175.
 What are the means, other than information and communication technology, by which libel may
be committed?
 What is blackmail? In what felonies is blackmail possible?
 What is slander? How is it related to oral defamation? What are the two kinds of oral
defamation?
 What is slander by deed? Give examples of slander by deed.
 Who are the persons responsible for libel?

INCRIMINATAORY MACHINATIONS
 What are the crimes or felonies under incriminatory machinations?
 Give examples of incriminating a person.
 Give examples of intriguing against honor.

TITLE 14 – QUASI-OFFENSES

CRIMINAL NEGLIGENCE
 How are the quasi-offenses under Art 365 committed in four ways?
 What are the elements of reckless imprudence?
 What does reckless imprudence consist? Give examples.
 What are the elements of simple imprudence?