KAYA PA BA (KPB) | ALS A2024 CRIMINAL LAW REVIEW

A set of 250 flashcards covering various aspects of criminal law as presented in the lecture notes.

The key elements for Parricide include that a person is killed, that the deceased is killed by the accused, and that the deceased is the __________ of the accused.

Father, Mother, or Child, whether legitimate or illegitimate.

Parricide by mistake occurs when the person wanted to kill a __________ but ended up killing a relative.

stranger

In order for infanticide to apply, the child must be less than __________ hours old.

72

The third element of parricide relationship does not require knowledge of __________ between the accused and the deceased.

relationship

The law does not consider relations by __________ for the purposes of parricide.

adoption

Qualifying circumstances for murder under Art. 248 include treachery, evident premeditation, and __________.

cruelty

Homicide is defined under Art. 249 as killing without any __________ circumstances.

justifying

Accidental homicide occurs when the death of a person is brought about by a lawful act performed with __________ care and skill.

proper

For attempted parricide, murder, or homicide, the courts may impose a penalty __________ degrees lower than that prescribed for the crime.

two

In cases of frustrated parricide, murder, or homicide, courts may impose a penalty __________ degrees lower in view of the facts.

three

The legal basis for the penalty for frustrated homicide is the __________ of the case.

facts

Where a legally married person surprises his spouse or daughter under 18 in the act of committing sexual intercourse, he is entitled to __________ recognition under Art. 247.

special circumstances

A tumultuous affray is defined as a quarrel or assault between __________ persons.

several

If several persons injure another during a tumultuous affray, all who used __________ are liable.

violence

Assisting in a suicide is punishable under __________.

Art. 253

The elements for infanticide include that the child was killed and that the accused killed a child less than __________ days old.

3

The law states that a fetus must be able to __________ to constitute homicide.

sustain an independent life

For intentional abortion to apply, the accused must have acted upon the pregnant woman, resulting in the __________ of a fetus.

death

In cases of abortion by the woman herself, the abortion must be intended and caused by __________.

her parents with her consent

If a physician assists in an abortion, they must take advantage of their __________ knowledge according to Art. 259.

scientific

Robbery is committed through the use of __________ upon things when the offender uses force to take property.

force

The crime of __________ involves killing one’s adversary in a duel.

murder

Challenging someone to a duel is punishable under Art. __________.

261

Mutilation, such as castration, is punishable under __________.

Art. 262

Serious physical injuries are defined when the injured party becomes __________ as a result of physical injuries inflicted.

insane

Acts committed against persons enumerated in Parricide are qualifying circumstances for __________.

serious physical injuries

If the crime of estafa is committed through __________ it may not extinguish the criminal liability.

compromise or novation

A person may be liable for theft if they occupy a possession of __________, as in the case of a bank teller.

confidence

The elements of theft include taking of personal property belonging to another without the owner's __________.

consent

Theft, when committed by a domestic servant, is classified as __________ theft.

qualified

Occupying real property belonging to another accomplished through violence can lead to the crime of __________.

usurpation under Art. 312

Altering boundary marks is an offense under __________.

Art. 313

Fraudulent insolvency under Art. 314 requires a debtor who absconds with property, causing __________ to creditors.

prejudice

Swindling or estafa involves defrauding another through __________ or deceit.

abuse of confidence

Business-like dealings concerning property must involve a __________ obligation to be considered under estafa.

onerous

The penalty for stealing fruits or firewood is said to be __________ when conducted under certain conditions.

one degree lower

Brigandage involves at least __________ armed persons forming a band of robbers.

four

For robbery to be considered qualified, the crime must occur during the __________ of a robbery, having a direct connection.

commission

If violence is unnecessary for commission, it may be classified as __________ robbery.

simple

Possession of burglary tools is punishable under Art. __________.

304

False keys are defined as any key not intended by the __________ for use in the lock forcibly opened.

owner

To be charged with estafa, the damage must be capable of __________ estimation.

pecuniary

When conducting estafa by deceit, the offender must have engaged in a __________ pretense to defraud another.

false

Acts of extreme coercion where violence is used to compel signing a document fall under __________.

grave coercion

If someone cashes a postdated check with insufficient funds, they are liable under __________.

estafa

The elements for robbery include taking personal property with __________ to gain.

intent

In cases of due diligence, if assets are properly managed by a debtor before insolvency proceedings commence, it may help avoid charges of __________ insolvency.

fraudulent

A robbery committed by means of a band is punishable under __________.

Art. 295

If an accomplice aids in robbery, they may be punished by a __________ penalty than the principals.

lower

A person attacking a moving vehicle while armed may qualify for robbery with __________.

violence

In situations of theft where a partner unlawfully disposes of property without authority, they do not commit __________, since no theft applies.

theft

Killing someone while robbing requires intent to __________ the victim.

gain

When physical injuries are caused during a conflict without clear determination of the perpetrator, liability may fall under __________.

tumultuous affray

A husband may be guilty of __________ if he commits such an act upon his wife.

rape

If the battered party is under 18 and the aggressor is a relative, this could constitute serious breaches under __________ laws.

child protection

The legal definition of rape necessitates that the act of carnal knowledge must occur under __________ of force or intimidation.

duress

Ingunification of a wrong act can lead to liability not only for the principal actor but also for any __________ involved.

accomplices

Established laws allow prosecution without need for a legal contract if the means of acquiring property involve __________ conduct.

deceptive

A debtor failing to repay their obligations due may be charged with fraudulent __________ to evade liabilities.

insolvency

In rape cases, the burden falls on the prosecution to prove __________ at every level of accusation.

guilt

If a child is touched inappropriately, the offender must face charges under child __________ laws, which impose strict penalties.

protection

The legal maximum for various crimes directed at children often includes __________ penalties due to their vulnerable status.

increased

Estafa committed by any means requires an action by the offender to deceive or put the offended party at disadvantage, constituting an act of __________.

fraudulence

Rape laws have shifted to include acts where coercion exists against minor victims, irrespective of __________ consent.

consensus

The legal text distinctly prohibits behaviors constituting __________ against another's rights and property.

acts of dishonor

Infringements against personal rights can yield differing penalties depending on the _________ of the act's execution.

nature

Defining boundaries and landmarks against violence ensures that individuals remain protected against __________ actions.

illegal

The law does not support claims of theft if property taken is returned with __________ intent during a trial and reflects goodwill.

goodwill

Robbery with violence necessitates a clear and present danger to the _________ of those involved, which must be substantiated in a trial.

safety

Applied jurisprudence indicates that threats posed during other crimes may incur additional penalties under __________ art.

aggravating

It is essential to understand that any instance of theft or robbery must have been executed without consent and in __________ terms regarding property.

definitive

Complications in household matters resulting in legal penalties highlight the importance of understanding __________ involving family relations.

laws

The stipulated definitions of sexual assault have evolved, revealing an inclusive perspective towards __________ and victim consent.

relations

If violence accompanies any act of non-consensual taking or damaging, the law covers this as __________ under property offenses.

burglary

Any indication of severe injuries may qualify for increased charges if the evidence illustrates __________ in the nature of the direct attacks.

premeditation

Judicial interpretation has deemed that engaging in debt without fulfilling contracted obligations amounts to __________ bankruptcy.

fraudulent

Acts straying from the lines of legal contracts without proper safeguards lead to unjust __________ considerations.

penalties

Religious or societal stature may also influence verdicts in cases where morality is called into __________ by law.

questioning

Consent in legal matters often terminates if it is proven that coercion or __________ occurred during exchanges or relationships.

manipulation

In legal terminology, projecting oneself in trust necessitates an understanding of __________ without deceit.

reliance

Finally, to ensure justice, it is pertinent that victims of crimes communicate their experiences to law enforcement with complete __________.

transparency