FIRST EDITION COACHING FOR RESULTS CRIMINAL LAW The Revised Penal Code BOOK 1 Examples True or False Questions 40. Multiple Choice Questions - Illustrative Cases 5 Ye Anti-Fencing Law (P.D. No. 1612) Obstruction of Justice Law (P.D. 1829) Indeterminate Sentence Law(R.A. 4103, As amended), Probation Law of 1976 (P-D. 968, As amended) A at For B.S. Criminology and Law Students una be MON TNC TUT TNFIRST EDITION Preteen) a hae Maar Penal Code 2 For B.S. Criminolo "ATTY, ANDRIX D. DOPhilippine Copyright, 2021 by ff: ANDRIX D. DOMINGO ISBN: 978-621-8205-02-4 No part of this book may be reproduced in any form or any means without the written permission of the author. Any copy of this book without the signature of the author in colored pen on this page either proceeds from an illegitimate source or is in possession of one who has no authority to dispose of the same. ALL RIGHTS RESERVED Published by; COACHING FOR RESULTS PUBLISHING #02 Ampucao, Itogon, Benguet buslaw1234@gmail.comCONTENTS About the Author Preface THE REVISED PENAL CODE - BOOK I Pages Preliminary Title - Date of Effectiveness and Application of 1 the Provisions of this Code Article 1. Time when Act takes effect 1 What is a penal law? 1 Classes of injuries 2 Mala in se vs. Mala Prohibita 3 What is proof beyond reasonable doubt? 4 Criminal action vs. Civil action 5 Ex Post Facto Law vs. Bill of Attainder 6 Classical Theory 7 Positivist Theory 7 Utilitarian Theory 8 Equipoise Doctrine or Equipoise Rule a In Dubio Pro Reo 11 Rule of Lenity 1 ‘The Pro Reo Doctrine in Criminal Law 11 Finality of Acquittal Doctrine 11 Double Jeopardy 13 Article 2. Application of its provisions 17 Territoriality Principle 18 Extraterritoriality Principle 18 What is the Flag State Rule? 19 The Vienna Convention on Diplomatic Relations 20 True or False 22 Multiple Choice 23 Title One - FELONIES AND CIRCUMSTANCES WHICH AFFECT 28 CRIMINAL LIABILITY Chapter I. - Felonies 28 Article 3. Definitions 28 What is felonious? Be Elements of Felonies 23 “Actus Non Facit Reum, Nisi Mens Sit Rea” 28 What is “mens rea”? ze Classification of Felonies z Malice Fa Motive , , Ba Intentional crimes vs. Criminal Negligence esArticle 4. Criminal liability Factors affecting criminal liability What is proximate cause? Error in personae Praeter intentionem Mistake of fact What is “Information”? ssible crime egal impossibility? What is factual or physical impossibility? Article 5. Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties Article 6. Consummated, frustrated, and attempted felonies Basic Rules on the three stages of crimes When is crime frustrated? Attempted Felonies What is overt or external act? Preparatory acts Frustrated felony vs. Attempted felony Intent to kill Article 7. When light felonies are punishable What are light felonies? Examples of light felonies Article 8. Conspiracy and proposal to commit felony Conspiracy Proposal to commit felony Essence of conspiracy Elements of conspiracy Implied conspiracy Co-conspirators may be held liable for other crimes Multiple Conspiracies The “wheel” or “circle” conspiracy. The “chain” conspiracy 5 Article 9. Grave felonies, less grave felonies and light felonies Article 10. Offenses not subject to the provisions of this Code Special Law Life imprisonment vs. Reclusion Perpetua True or False Multiple Choice Chapter II. - Justifying Circumstances and Circumstances Which Exempt from Criminal Liability Article 11, Justifying circumstances Rationale for the shift of the burden of evidence Self-defense What is unlawful aggression? 58 59 62 65 65 65 69 all 74 75 75 76 ia 77 nai 80 83 90 91 92 O2 94 95 96 97 98 105 105 106 106 107Elements of unlawful aggression Two Kinds of Unlawful Aggression Reasonable Necessity of the Means Employed to Prevent or Repel the Aggression Doctrine of Rational Equivalence Lack of Sufficient Provocation on the part of the person defending himself Defense of a relative Defense of a stranger Avoidance of greater evil or injury Fulfillment of a Duty or in the Lawful Exercise of a Right or Office Obedience to an Order Issued by a Superior for Some Lawful Purpose Article 12. Circumstances which exempt from criminal liability Imbecile or an Insane person Test of Cognition Test of Volition Accident Accident vs. Self-defense Compulsion of an Irresistible Force Impulse of an Uncontrollable Fear Prevented by some Lawful or Insuperable cause Exempting Circumstance of Minority Discernment What is “Information” True or False Multiple Choice Chapter III. - Circumstances Which Mitigate Criminal Liability Article 13. Mitigating circumstances Rationale of mitigating circumstances Ordinary mitigating circumstance vs. Privileged mitigating circumstance Incomplete Justifying or Exempting Circumstances Incomplete self-defense Under eighteen years of age (minority) or over seventy years No intention to commit so grave a wrong as that committed (Praeter intentionem) Sufficient Provocation or Threat Immediate vindication of a grave offense Passion or Obfuscation Voluntary Surrender and Voluntary Confession of guilt Deaf and Dumb, Blind or Otherwise suffering some physical defect Illness of the offender 108 109 111 111 117 121 124 126 129 132 133 134 146 148 152 158 158 163 167 168 172 173 183 184 191 191 192 192 192 193 198 201 205 208 211 219 228 229ture and analogous 233 Any other circumstances of a similar na to those above-mentioned 245 True or False Multiple Choice ; ae Chapter IV, - Circumstances Which Aggravate Criminal 250 Liability Article 14. Aggravating circumstances 250 The list of aggravating circumstances is exclusive 251 Kinds of aggravating circumstances é 252 Advantage be taken by the offender of his public position 254 In contempt of or with insult to the public authorities 258 Rank, age, or sex, or dwelling 262 Abuse of confidence or obvious ungratefulness 280 The Palace of the Chief Executive, or in his presence, or 283 where public authorities are engaged in the discharge of their duties or in a place dedicated to religious worship Nighttime, uninhabited place, or by a band 286 Two tests in determining nocturnity 287 Conflagration, shipwreck, earthquake, epidemic, or other 300 calamity or misfortune Aid of armed men or persons who insure or afford impunity 301 Four Forms of Repetition 306 The accused is a recidivist 307 Reiteracion or Habituality 310 Recidivism or Reincidencia vs. Reiteracion 313 In consideration of a price, promise, or reward 314 Inundation, fire, poison, explosion, stranding of a vessel, or 318 intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin Evident premeditation 323 Craft, fraud, or disguised 330 Advantage be taken of superior strength, or means be 333 employed to weaken the defense Treachery irr oem aaa Ignominy Unlawful entry 354 Awall, roof, floor, door, or window be broken Be Aid of persons under fifteen years of age, or by i » or by means of 361 motor yehicle, motorized watereraft, airshi similar means eee sti Cruelty True or False Multiple ChoiceChapter V. - Alternative Circumstances Article 15. Their concept Relationship Intoxication Degree of instruction and education Absolutory causes or circumstances Instigation (inducement) vs. Entrapment Buy-bust operation Decoy solicitation True or False Multiple Choice Title Two - PERSONS CRIMINALLY LIABLE FOR FELONIES Article 16. Who are criminally liable Article 17. Principals Principal by direct participation Principal by inducement Principal by indispensable cooperation Article 18. Accomplices Conspirators vs. Accomplice Article 19. Accessories Profiting or assisting the offender to profit Concealing or destroying the body of the crime Assisting in the escape of the principal of the crime Article 20. Accessories who are exempt from criminal liability True or False Multiple Choice ANTI-FENCING LAW (P.D. NO. 1612), True or False Multiple Choice OBSTRUCTION OF JUSTICE LAW (P.D. 1829) True or False Title Three - PENALTIES Chapter I. - Penalties in General Article 21. Penalties that may be imposed Article 22. Retroactive effect of penal laws Prospectivity principle Retroactivity principle Who is a habitual delinquent? Article 23. Effect of pardon by the offended party Article 24, Measures of prevention or safety which are not considered penalties True or False 385 385 391 394 397 400 401 402 407 407 410 410 411 411 418 427 432 435 443 444 445 447 452 455 456 460 474 474 476 485 486 486 486 486 486 486 486 493 495 497 498