Ley La Salle 2011 - 2012 Crimpro TRUE OR FALSE 1.

A bill of attainder is a legislative act which inflicts punishment without judicial trial. 2. Specific Aggravating Circumstances are those that can generally apply to all crimes. 3. Crimes punishable by reclusion perpetua, death or reclusion temporal prescribes in 15 years. 4. The phrase punishable by law in Article 3 pertains to special law and not of the Revised Penal Code. 5. In habituality, it is necessary that the accused has served out his sentence for the first offense. 6. An arrest may be made (a) with a warrant, or (b) without a warrant. 7. An Ex Post Facto must be prospective in application. 8. In case of doubt between the English text and the Spanish text, the English text is controlling. 9. Cruelty is a Qualifying Aggravating Circumstance. 10. Accessories are liable for grave and less grave felonies. 11. Accessories are liable for light felonies. 12. Accomplices are liable for light felonies. 13. In Article 11(4), the civil liability is borne by the persons benefited. 14. Lewd designs is an essential requisite of the crime of abduction. 15. The crimes of adultery and concubinage, being private offenses, shall not be prosecuted except upon a complaint filed by the offended spouse. 16. In Mala in Se, the intent to commit the crime is necessary. 17. Mala in Se are crimes punishable by special laws. 18. A complaint is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court. 19. There is cruelty if the act that can caused the victim unneccessary moral and physical pain was done after the victim is killed. 20. In computation for the prescription of crimes, the first day must be included while the last day shall be excluded. 21. Penal laws are strictly construed against the government and liberally in favor of the accused. 22. There can still be self defense even if there has been no unlawful agression. 23. It is an alternative circumstance when the accused is a recidivist. 24. Alternative circumstances be mitigating, aggravating or exempting depending to the nature and effects of the crime and the other conditions attending its commission. 25. The crime of Murder is punishable by reclusion perpetua. 26. Prision Mayor provides for imprisonment of 1 year and 1 day to six years. 27. In the crimes of adultery and concubinage, the parents grandparents, or guardian can institute the case in favor of the offended spouse. 28. A search warrant shall be valid for ten (10) days from its date. 29. A warrant of arreast shall be valid for ten (10) days from its date. 30. In a plea of guilt to a capital offense, it is not necessary for the judge to require the prosecution to present witnesses to prove the guilt A.N.A.

Ley La Salle 2011 - 2012 Crimpro of the accused. 31. In Mitigating Circumstances, there is a crime but there is no criminal. 32. A crime is deemed committed by a band when there were atleast four (4) offenders who acted together in the commission of an offense. 33. A judgment for conviction becomes final when the defendant has expressly waived in writing his right to appeal. 34. Evident premeditation is a qualifying aggravating circumstance. 35. Relationship is aggravating when the offender is older than the offended party. 36. Relationship is mitigating when the offender is younger than the offended party. 37. High degree of instruction and education is aggravating if the offender takes advantage of hid educational training in committing a felony. 38. A was charged with murder in 2011. While the case is on trial, the Congress passed a law decreasing the penalty of murder from reclusion perpetua to reclusion temporal. In this case, such act of the Congress is considered an ex post facto law. 39. A bill of attainder is an executive act which inflicts punishment without judicial trial. 40. The Revised Penal Code follows the Classical theory in Criminal Law. 41. A, insane person, killed B. A is liable. 42. There is still a felony even if the wrongful act done be different from that which he intended. 43. As a general rule, motive is not an essential element of a crime. 44. Light felonies committed against person or property is only punishable when they have been consummated. 45. Prision Mayor is a correctional penalty. 46. An ordinary mitigating is one in which if present in the commission of the crime produces the effect of imposing upon the offender the penalty for the crime in its minimum period. 47. Ordinary Mitigating cannot be offset by aggravating circumstance. 48. When an offender had no intention to commit so grave a wrong as that committed is an example of an exempting circumstance. 49. RJ shared in a reward given to PJ, not knowing that the reward was given for the commission of a crime. RJ is liable as an accessory. 50. Offenses punished by imprisonment for six years or more prescribes in 12 years. 51. Katarungang Pambarangay does not apply to offenses punishable by imprisonment exceeding one (1) year or a fine exceeding five thousand pesos (P 5000.00). 52. JR stabbed EJ. Having knowledge of the commission of the offense, CJ assisted his twin brother, EJ in burying the body of JR to prevent its discovery. CJ is an acccessory. 53. Joey and Rey are classmates. Joey is from Ilocos Norte while Rey is from Cagayan. A disagreement between Joey and Rey arose in a school fieldtrip in Lipa, Batangas. Joey stabbed Rey in Lipa, Batangas. Rey must file the case against Joey in Cagayan. 54. No witness shall be allowed to testify unless he had previously A.N.A.

Ley La Salle 2011 - 2012 Crimpro submitted an affidavit to the court. 55. Preliminary Investigation is needed in cases where the penalty for the imprisonment exceeds six (6) months but does not exceed four (4) years and two months. 56. In prejudicial question, the criminal matter must precede the civil matter. 57. When an unlawful aggression that has begun no longer exists, the one who resorts to self defense has no right to kill or even wound the former aggressor. 58. Raffy is the grandson of Ernest. Ernest killed Roldan using a gun. Raffy concealed the gun used by Ernest. Raffy is not liable as an accessory. 59. Glenn is the father of Reuben. Reuben killed his friend, Michael in exchange of P 10, 000.00. Upon knowing of the crime, Glenn helped his son bury the body of Michael and later on shared in the reward given to his son. Glenn is liable as an accomplice. 60. Richard and Dick are brothers. In one of their conversations, the two had an argument. Dick being hot tempered draw his pistol and raised the same as if to shot Richard. Dick is liable of attempted homicide. 61. Less grave felonies are those which the law punishes with penalties which in their maximum period are afflictive. 62. There is no unlawful aggression in accempting a challenge to a fight. 63. Defense of a relative is a justifying circumstance when the person making the defense had part in the provocation given by his/her relative. 64. Offenders with the age of 15 and below are totally exempted from criminal liability. 65. Nikki, an insane person, killed Lettelette during her lucid interval. Nikki is exempted from criminal liability. 66. Manny shot James. Realizing the wrongful act done, Manny administered medication to James. Manny is not liable of frustrated felony. 67. Special Laws are made suppletory to the Revised Penal Code. 68. An executioner at the Bilibid is not criminally liable to any prisoners who died because of electrocution. 69. Abuse of superior strength is a qualifying aggravating circumstance. 70. Intoxication is mitigating when such intoxication is not habitual or subsequent to the plan to commit the felony. 71. Juridical persons can be charged criminally. 72. In conspiracy, the presence of all of the accused at the scene of the crime is not necessary where one who was not present was shown to be the prime mover and leader of all of the accused. 73. Robert told John to shoot Powell or else he will kill John. Due to fear, John shot Powell and was able to kill the latter. John is liable as the principal by direct participation while Robert is the principal by inducement. 74. The Court shall promulgate the judgment not later than fifteen (15) days after the termination of the trial. A.N.A.

Ley La Salle 2011 - 2012 Crimpro 75. Bail is a matter of right before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua or life imprisonment. 76. Those sentenced to serve a maximum term of imprisonment of more than six years is entitled to probation. 77. Ex Post Facto can also pertain to Civil matter. 78. Criminal law is prospective in application. 79. In crimes committed on board of foreign merchant vessel, French Rule is being followed by the Philippines. 80. Mistake of fact is a misapprehension of fact on the part of the person who caused injury t0 another. 81. Peter wanted to kill Ryan. Peter went to the house of Ryan and continuously fired at the house expecting Ryan to be at home. Then Peter found out that there was nobody home. The act committed by Peter last Wednesday is an impossible crime. 82. The penalty for impossible crime is arresto mayor or a fine ranging from 200 to 500 pesos. 83. In recidivism, it is enough that a final judgment must be included in the same title of the Code. 84. Fraud pertains to the use of intellectual trickery or cunning on the part of the accused. 85. General A was attacked by Private B. The act of B is an aggravating circumstance. 86. Search warrant can pertain to two or more violations. 87. During the arraignment Ryan refused to make a plea before the court. A guilty plea shall be entered by the court for him. 88. In a crime of murder, the accused can plead to a lesser offense of robbery. 89. Right to bail accrues only when a person is arrested or deprived of his liberty. 90. Jacob was accused with crime of homicide. He went into hiding. Christian, his lawyer, is filing before the court his client's petition to bail. The trial court will approve Jacob's bail. 91. Jeremy proposed to commit sedition to Ralph and Lauren. Jeremy can be held criminally liable. 92. Where the accused attempts to leave the country without permission of the court where the case is pending, arrest without warrant is not allowed. 93. There is recidivism when the offender has been previously punished for two or more crimes to which the law attaches a lighter penalty. 94. In mitigating circumstances, it is not essential that the provocation or threat to be sufficient, it is enough that a provocation was made. 95. A felony is consummated when all the elements necessary for its execution and accomplishment are present. 96. Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. 97. As a general rule, insane or imbeciles are exempted from any criminal liabitilty. 98. Even if an act is not punishable by law, the court is still obligated A.N.A.

Ley La Salle 2011 - 2012 Crimpro to convict the offender and provide for punishment they deemed proper. 99. Penal laws are strictly construed against the government and liberally in favor of the accused. 100. Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefore. MITIGATING, JUSTIFYING, EXEMPTING, AGGRAVATING 1. That the offender is deaf and dumb, blind or otherwise suffering from physical defect which thus restricts his means of action, defense, or communication with his fellow beings. 2. The accused is a recidivist. 3. An imbecile or an insane person, unless the latter has acted during a lucid interval. 4. Intoxication 5. That the advantage be taken by the offender of his public position 6. That the offender had no intention to commit so grave a wrong as that committed. 7. Degree of instruction and education of the offender 8. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. 9. Any person who acts in obedience to an order issued by a superior for some lawful purpose. 10. That the crime be committed in consideration of a price, reward or promise. 11. That the act be committed with treachery. 12. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. 13. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. 14. Any person who fails to perform an act required by law, when prevfented by some lawful or unsuperable cause. 15. That the act be committed with abuse of confidence or obvious ungratefulness. 16. That craft, fraud, or disguise be employed. 17. That sufficient provocation or threat on the part of the offended party immediately preceded the act. 18. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. 19. There is a crime but there is no criminal. 20. There is no crime and there is no criminal. QUALIFYING AGGRAVATING CIRCUMSTANCES 1. That the crime be committed in contempt of or with insult to the public authorities. 2. The act be committed with treachery. 3. That the act be committed with evident premeditation 4. That means employed or circumstance brought about which add ignominy to the natural effects of the act. A.N.A.

Ley La Salle 2011 - 2012 Crimpro 5. That advantage be taken of superior strength or means be employed to weaken the defense. 6. That the crime be committed with the aid of armed men or persons whi insure or afford impunity 7. That the crime be committed in consideration of a price, reward or promise. 8. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin. 9. That as means to the commission of a crime, a wall, roof, floor, door, or window be broken. 10. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission. PENALTIES 1. 2. 3. 4. 5. 6. Prision Correccional Arresto Menor Reclusion Temporal Reclusion Perpetua Arresto Mayor Prision Mayor

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