Criminal Law: Scenarios and Articles
Diese Karteikarten lernenKostenlos · Spaced Repetition · iPhone, Android, Mac & Web
Alle Karten
1
Scenario: A person begins executing a felony but voluntarily stops before completing all acts of execution. What doctrine must be examined?
Spontaneous desistance under Article 6, which may prevent liability for the intended attempted felony but not for another offense already committed.
2
Scenario: A person completes all acts intended to cause death, but emergency surgery saves the victim. What stage of execution may apply?
Frustrated homicide or murder, if all statutory elements are established, including a mortal injury and a cause independent of the offender's will preventing death.
3
Scenario: An offender shoots at an intended victim but misses entirely. What stage of execution may apply?
Attempted homicide or murder, if intent to kill and the required overt acts are established.
4
Scenario: A person strikes another during a fight without intent to kill, causing nonfatal injury. What offense should be examined?
The applicable physical-injuries offense, rather than automatically treating the conduct as attempted homicide.
5
Scenario: An accused claims self-defense after deliberately provoking a fight. What element becomes important?
Lack of sufficient provocation on the part of the person defending, together with unlawful aggression and reasonable necessity of the defensive means.
6
Scenario: An attacker stops and retreats, but the defender pursues and inflicts further injury. What self-defense issue arises?
Whether unlawful aggression had already ceased, eliminating the basis for further defensive force.
7
Scenario: A person uses force to defend a stranger against an unlawful attack. What justification may apply?
Defense of a stranger under Article 11, provided its elements are established, including absence of revenge, resentment, or another evil motive.
8
Scenario: A person damages another's property to prevent a greater imminent harm. What justification may apply?
Avoidance of a greater evil or injury under Article 11, subject to its statutory requirements.
9
Scenario: A person acts under an irresistible physical force imposed by another. What exempting circumstance may apply?
Irresistible force under Article 12, if the force truly overcomes the person's freedom of action.
10
Scenario: An accused acts because of an immediate threat creating a well-grounded fear of an equal or greater injury. What defense may apply?
Uncontrollable fear under Article 12, if its legal requirements are established.
11
Scenario: A person helps commit a crime without participating in the decision to commit it. What must be determined?
Whether the person's conduct and knowledge establish liability as a principal, accomplice, accessory, or no criminal participation.
12
Scenario: Two offenders independently attack the same victim without a prior agreement. Is conspiracy automatic?
No. Conspiracy must be proved through agreement and unity of purpose, which may be inferred from coordinated acts but not presumed.
13
Scenario: A lookout knowingly assists a robbery by warning the robbers of approaching police. What participation issue arises?
Whether the lookout's acts make the person a principal by indispensable cooperation, an accomplice, or another legally responsible participant.
14
Scenario: After a robbery, a person knowingly hides the stolen goods to help the offender profit. What liability must be examined?
Accessory liability under Article 19 or fencing under PD 1612, depending on the facts and statutory elements.
15
Scenario: An accessory is a close relative of the principal. What exemption may be relevant?
Article 20's exemption for specified relatives, subject to its exception for accessories who profit from the effects of the crime.
16
Scenario: A person agrees to commit a felony but takes no overt act. Is conspiracy always separately punishable?
No. Conspiracy or proposal is punishable only when the law specifically provides a penalty for it.
17
Scenario: A person fires at a figure believed to be alive, but the figure was already dead. What doctrine may apply?
Impossible crime under Article 4(2), if the intended offense against persons or property and the other statutory requirements are met.
18
Scenario: An offender uses an inherently ineffective means to commit an intended offense against property. What offense may arise?
An impossible crime, if the requirements of Article 4(2) are satisfied.
19
Scenario: A criminal act produces a more serious result than the offender intended. What mitigating circumstance may apply?
Lack of intent to commit so grave a wrong under Article 13, when supported by the circumstances.
20
Scenario: An offender immediately reports the crime and voluntarily surrenders before arrest. What mitigating circumstance should be considered?
Voluntary surrender under Article 13, if it is spontaneous and meets the legal requirements.
21
Scenario: A suspect confesses only after prosecution evidence has been presented. Does that automatically constitute a mitigating plea of guilty?
No. The statutory timing and conditions for the mitigating circumstance of a voluntary plea of guilty must be satisfied.
22
Scenario: An offender commits a felony while serving a final sentence for another felony. What circumstance may apply?
Quasi-recidivism under Article 160.
23
Scenario: A prior conviction is not yet final when the new offense occurs. Can it establish recidivism?
No. Recidivism requires the prior conviction to be final under the applicable requirements.
24
Scenario: The same circumstance is an essential element of the offense and is also alleged as aggravating. Can it increase the penalty twice?
No. A circumstance inherent in or constituting an element of the offense is generally not separately appreciated.
25
Scenario: An accused is convicted of a felony committed before a more favorable penal amendment. What rule should be examined?
The retroactive application of favorable penal laws under Article 22, subject to its exceptions.
26
Scenario: A police officer arrests a suspect without a warrant based solely on a rumor of a crime committed yesterday. What must be evaluated?
Whether the facts satisfy a recognized warrantless-arrest ground under Rule 113; rumor alone is insufficient.
27
Scenario: Officers witness a person openly committing a crime and immediately arrest the person. What warrantless-arrest ground applies?
An in-flagrante-delicto arrest under Rule 113, Section 5(a), if the required facts are present.
28
Scenario: Officers personally know facts indicating that a crime has just been committed and that a suspect committed it. What arrest ground may apply?
Hot-pursuit arrest under Rule 113, Section 5(b), if its requirements are established.
29
Scenario: Police arrest an escaped prisoner without a warrant. What provision may authorize the arrest?
Rule 113, Section 5(c), covering persons who have escaped from confinement or while being transferred.
30
Scenario: Officers search a residence based only on the owner's failure to object. What constitutional issue arises?
Whether valid voluntary consent or another lawful search exception actually existed; silence alone does not establish consent.
31
Scenario: A search warrant authorizes seizure of all records in a business without meaningful limitation. What defect may exist?
Lack of particularity, potentially making it an unconstitutional general warrant.
32
Scenario: An officer conducts a lawful protective frisk but opens a sealed container without additional justification. What issue arises?
Whether the officer exceeded the limited scope of a stop-and-frisk search.
33
Scenario: An accused's confession was obtained through threats during custodial questioning. What constitutional consequence follows?
The confession is inadmissible under the constitutional safeguards against compelled and improperly obtained custodial statements.
34
Scenario: A prosecution witness refuses to identify the original source of a digital file. What evidentiary issue arises?
Whether the file has been sufficiently authenticated and its reliability established.
35
Scenario: Two witnesses disagree about a minor detail but consistently identify the accused. Does the inconsistency automatically defeat the prosecution?
No. Courts assess whether inconsistencies materially affect credibility and whether guilt is proved beyond reasonable doubt.
36
Scenario: The prosecution presents only the accused's extrajudicial confession without independent evidence that a crime occurred. What rule is implicated?
Rule 133's requirement that an extrajudicial confession be corroborated by evidence of the corpus delicti.
37
Scenario: A prosecutor relies on an inference that has no proven factual foundation. Can it support conviction?
No. Inferences must arise from established facts and collectively satisfy proof beyond reasonable doubt.
38
Scenario: A witness testifies to a statement offered only to prove that the listener received a warning. Is it necessarily hearsay?
No. If offered to prove its effect on the listener rather than the truth of the assertion, it may be nonhearsay.
39
Scenario: An accused is acquitted because the prosecution failed to prove guilt beyond reasonable doubt. Does that always eliminate civil liability?
No. Civil liability may remain depending on the judgment and the legal basis of the civil claim.
40
Scenario: The prosecution seeks to retry an accused after a valid final acquittal solely because it disagrees with the verdict. What protection applies?
The constitutional protection against double jeopardy.
41
Scenario: A public officer receives money in exchange for deliberately refusing to perform a duty. What offense should be examined?
Direct bribery under Article 210, if the specific statutory elements are established.
42
Scenario: A public officer accepts an unsolicited gift simply because of the officer's position. What offense may apply?
Indirect bribery under Article 211, subject to its statutory elements.
43
Scenario: A police officer knowingly allows another person to take public funds entrusted to the officer because of gross negligence. What offense may apply?
Malversation through negligence under Article 217, if the required elements are established.
44
Scenario: A person recruits a minor for sexual exploitation entirely within one Philippine city. Is international transportation required for trafficking?
No. Trafficking may occur domestically, and child-trafficking provisions apply under the statutory requirements.
45
Scenario: An organization conducts a violent initiation ritual after obtaining a signed consent form. Does consent eliminate anti-hazing liability?
No. Consent does not legalize prohibited hazing under RA 8049 as amended by RA 11053.
46
Scenario: A person knowingly sells property stolen by another and intends to profit. What offense may apply?
Fencing under PD 1612, if all statutory elements are proved.
47
Scenario: A person issues a check that is later dishonored but never receives the required written notice of dishonor. What BP 22 issue arises?
Whether the prosecution can establish the statutory knowledge element and the evidentiary presumption associated with notice.
48
Scenario: A person obtains a victim's password and accesses a private account without authorization. What cybercrime offense should be examined?
Illegal access under RA 10175, together with any other offenses established by the facts.
49
Scenario: Investigators find a digital photograph on a seized device but cannot establish its origin or integrity. What is the primary evidentiary concern?
Authentication and reliability of the electronic evidence.
50
Scenario: A court finds that the evidence permits two equally reasonable conclusions, one consistent with innocence. What result is required?
Acquittal when the prosecution has failed to establish guilt beyond reasonable doubt.
Mehr Karteikarten: Recht und Politik
RA 7610 and RA 9344: Child Protection and Juvenile JusticeRecht und Politik · EnglischSANGALLAPhilippine Law: Key Cases and DoctrinesRecht und Politik · EnglischSANGALLATools of Interpretation - ClassRecht und Politik · EnglischSamUnit 7 VocabRecht und Politik · EnglischAllimOccupiers' Liability Act 1957 & 1984Recht und Politik · Englischeinem OutLearn-StudierendenCivics "Unit 1" VocabRecht und Politik · EnglischemoryECON3029 Direct DemocracyRecht und Politik · EnglischFathiaContract Interpretation: Bad ContractRecht und Politik · EnglischSamLegal Evidence TerminologyRecht und Politik · EnglischHannahDroit des personnes et de la famille - Articles, lois et décisionsRecht und Politik · FranzösischAnthonyEmployment Law: Exam 1Recht und Politik · EnglischAustinUS Government and the ConstitutionRecht und Politik · EnglischMłody
Lerne diese Decks in der App
Kostenlos auf iPhone, Android, Mac und im Web. Füge jedes Deck mit einem Tipp zu deinem Konto hinzu.
