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level: CRIMINAL LIABILITY 2

Questions and Answers List

level questions: CRIMINAL LIABILITY 2

QuestionAnswer
CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABLITY:factors that tend to lessen the severity of a crime or its punishment by making the defendant's conduct understandable or less blameworthyMitigating Circumstances
CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABLITY:include a defendant's young age, mental illness or addiction, or minor role in the crimeMitigating Circumstances
CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABLITY:factors that increase the severity or culpability of a criminal act the presence of an aggravating circumstance will lead to a harsher penalty for a convicted criminal.Aggravating Circumstances
CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABLITY:Examples: age of the perpetrator, threats, use of weapons, etc.Aggravating Circumstances
CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABLITY:those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission.Aggravating Circumstances
CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABLITY:Ex. Relationship, education or degree of instruction, intoxicationAggravating Circumstances
CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABLITY:shall be taken into consideration when the offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender.Aggravating Circumstances
CRIMES AGAINST PUBLIC INTEREST: Counterfeiting or imitating any handwriting, signature, or rubricFALSIFICATION OF DOCUMENTS
FALSIFICATION OF DOCUMENTS: Causing it to appear that persons have _____in any ____when they did not in fact participatedparticipated; act or proceedings
FALSIFICATION OF DOCUMENTS: Attributing to person who have participated in an act or proceeding statements other than those in fact made by them Making ____ in a narration of factsuntruthful statements
CRIMES AGAINST PUBLIC INTEREST: Altering true datesFALSIFICATION OF DOCUMENTS
FALSIFICATION OF DOCUMENTS: Making any _____ in a genuine document which changes its meaningalteration or intercalation
FALSIFICATION OF DOCUMENTS: Issuing in an authenticated form a document purporting to be a ___ of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine originalcopy
FALSIFICATION OF DOCUMENTS: ___ instrument or note relative to the issuance thereof in a protocol, registry, or official bookIntercalating
CRIMES AGAINST PUBLIC INTEREST: the crime is committed by, among others, any physician (including dentist) or surgeon who, in connection, with the practice of his profession, who shall issue a false certificateFALSE MEDICAL CERTIFICATES, FALSE CERTIFICATES OF MERITS OR SERVICE
CRIMES AGAINST PUBLIC INTEREST: the crime is committed by, among others, any physician (including dentist) or surgeon who, in connection, with the practice of his profession, who shall issue a false certificateUSING FALSE CERTIFICATES
CRIMES AGAINST PERSONS: killing of a mother or father by a child, or killing of a child by a parent; penalty, life imprisonmentPARRICIDE
CRIMES AGAINST PERSONS: killing another person, not a father/mother or child; there is intention to kill and attendance of aggravating circumstanceMURDER
CRIMES AGAINST PERSONS: the crime is committed by any person who shall kill another without the attendance of any of the circumstances enumerated in the crime of murderHOMICIDE
CRIMES AGAINST PERSONS: the crime is committed by any person who shall kill any child less than three days (72 hours) of age; but if a parent is the killer, it will fall under parricideINFANTICIDE
CRIMES AGAINST PERSONS: knowing that the woman is pregnantINTENTIONAL ABORTION
CRIMES AGAINST PERSONS: without knowing that the woman is pregnantUNINTENTIONAL ABORTION
CRIMES AGAINST PERSONS: the purpose of concealing her dishonor; if pregnant women does not intend to abort, then parents want to abort, pregnant woman is not liable, only the parentsABORTION PRACTICE BY THE WOMAN HERSELF OR BY HER PARENTS
CRIMES AGAINST PERSONS: the abortion is intended; falls into intentional abortionABORTION PRACTICE BY A PHYSICIAN OR MIDWIFE
CRIMES AGAINST PERSONS: a pharmacist, dispenses any abortive substance without proper prescription from a physicianDISPENSING OF ABORTIVES
CRIMES AGAINST PERSONS(PHYSICAL INJURIES):victim has incapacity for more than 30 days or needs attendance for the same periodSerious
CRIMES AGAINST PERSONS(PHYSICAL INJURIES):victim cannot work for 10 to 30 daysLess Serious
CRIMES AGAINST PERSONS(PHYSICAL INJURIES):victim cannot work for 1 to 9 daysSlight
CRIMES AGAINST PERSONS:causing injury to another person i.e., poisoning a drinkADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES
CRIMES AGAINST PERSONS: sexual assault, penetration to any orifice using genitalia or any instrument, committed by either a man or a woman, to a man or a womanRAPE
CRIMES AGAINST PERSONS(RAPE):Even if there is consent, if person involved in sexual activity is under ___ years old, it is still considered as rape12
CRIMES AGAINST PERSONS:Anyone who, having found an abandoned child under seven years of age, shall fail to deliver said child to the authorities or to his family, or shall fail to take him to a safe placeABANDONMENT OF PERSON IN DANGER AND ABANDONMENT OF ONE’S OWN VICTIM
CRIMES AGAINST PROPERTY:unlawful taking of personal property belonging to another with intent to gain, using violence against or intimidation of any person/s or force used upon thingsROBBERY
CRIMES AGAINST PROPERTY:taking of personal property of another with intent to gain but without violence against or intimidation, without the latter’s consentTHEFT
EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION (elements):That the offender has ___ to ___anotherintent; defraud
EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION (elements):The offender compels him to ____ any public instrument or document That the compulsion is by means of _____sign, execute, or deliver; violence or intimidation
an attitude of sexual responsibility resulting in concern and respect for the sexual partner, treating him/her as an individual in his/her own rightChastity
CRIMES AGAINST CHASTITY: committed by a woman who is aware that a man has a wife and still continues relationshipADULTERY
CRIMES AGAINST CHASTITY:committed by a man who is aware that a man has a husband and still continues relationshipCONCUBINAGE
CRIMES AGAINST CHASTITY: gratification of own sexual desires with lewd design committed to another man or woman done by a man or a woman, or to him/herself; ex. Touching or showing genitalia in public, etc.ACT OF LASCIVIOUSNESS
CRIMES AGAINST CHASTITY: committed by any person who, having authority, influence, or moral ascendancy over another in a work or training or education environment, demands, requests, or otherwise requires any sexual favor from the other, regardless of whether the demand, request, or requirement for submission is accepted by the other of said actSEXUAL HARRASMENT
CRIMES AGAINST THE CIVIL STATUS OF PERSONS:The crime is committed by, among others, any physician or surgeon or public officer who, in violation of the duties of his profession or office shall cooperate in simulation of births, substitution of one child for anotherSIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER, AND CONCEALMENT OR ABANDONMENT OF A LEGITIMATED CHILD
CRIMES AGAINST THE CIVIL STATUS OF PERSONS:the crime is committed by any person who shall usurp the civil status of another, for the purpose of defrauding the offended party or his heirs; denies the rights of a legitimate child to his/her parentsUSURPATION OF CIVIL STATUS
falsifying the name of a mother giving birth to falsify the civil status of the childSimulation of births
Cooperate with any person who shall conceal or abandon any legitimate child with intent to cause such child to lose its civil statusSubstitution of one child for another
"CRIMES AGAINST HONOR:•A public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance, tending to cause dishonor, discredit, to blacken memory of dead"
CRIMES AGAINST HONOR:WrittenLIBEL
CRIMES AGAINST HONOR:Oral/verbalSLANDER
CRIMES AGAINST HONOR:Where the defamation is not committed by means of writing, printing, lithography, engraving, radio, photograph, painting, theatrical exhibition, cinematographic exhibition, or any similar meansSLANDER
CRIMES AGAINST HONOR:Defamation through televisionLIBEL
CRIMES AGAINST HONOR:those uttered in gathering through a microphoneSLANDER
QUASI-OFFENSES: if a person shows lack of precaution in those cases in which the damage about to be caused is not immediate or in which the impending danger is not evident or manifestSIMPLE NEGLIGENCE OR SIMPLE IMPRUDENCE
QUASI-OFFENSES: if a person does an act or fails to do an act, voluntarily but without malice, from which act or omission a material damage results because of his/her inexcusable lack of precaution, taking into consideration his/her employment or occupation, degree of intelligence, physical condition, and other circumstances regarding person, time, and placeRECKLESS NEGLIGENCE OR RECKLESS IMPRUDENCE
one who, at the time of his trial for a crime of theft, have been previously convicted by final judgment of the same offense or have been in and out from jail for same offenseRecidivist
AGGRAVATING CIRCUMSTANCES:ito yung mga nagnanakaw na katulog syempre yung katulog alam na alam lahat ng sulok ng bahay mo. Pero ninakawan ka, kinuha yung most valuable mo na you have been keeping pero inallow mo yung katulong to have access kasi nag trust ka. That trust will serve as aggravating circumstancesAbuse of confidence or obvious ungratefulness
AGGRAVATING CIRCUMSTANCES:yung laging nakakasuhan ng theft or robbery or in a year labas pasok sa kulungan the same offenses. If you are a residibist it will serve as aggravating circumstancesRecidivist
AGGRAVATING CIRCUMSTANCES:katrahiduran, pumatay ka plinano mo talaga. You do crime in a way the victim will have no opportunity to defend himselftreachery
AGGRAVATING CIRCUMSTANCES:like pinatay mo na nga inalis mo pa mata, tenga tapos nilagay mo sa ibang lugar. Cruelty, gawain ng addictIgnominy
AGGRAVATING CIRCUMSTANCES:yung mga naghohold up along the highway na walang tao, bahay walang makakatulong tapos may armas, barilrobbery in band