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CRIMINAL LAW A: Unlawful aggression, lack of sufficient

Q: When did the Revised Penal code took provocation and reasonable means employed
effect?
Q: What are the test for exemption on grounds
A: January 1, 1932
on insanity?
Q: Who are exempted from the operation of A: Cognition and volition
our criminal laws?
A: Sovereigns and other chiefs of state Q: What is provocation
A: any unjust or improper conduct capable of
Q: Give an example of crime which cannot be inciting or irritating anybody
committed through culpa?
A: Murder, Treason, and Robbery Q: What is an abuse of confidence
A: Only when the offended party has trusted
Q: Can a crime be committed without a criminal
the offender who later abuses such trust by
intent?
committing a crime
A: Yes through negligence
Q: When does intoxication has aggravating
Q: Are crimes punishable without a law
effect on the penalty?
punishing it?
A: When he is a habitual delinquent
A: no
Q: Who are criminally liable for light felonies?
Q: Give examples of crimes which do not have a A: Principal and accomplices only
frustrated stage
A: Rape, Physical Injury and Theft Q: 3 people that are considered as principals
A: By direct participation, inducement,
Q: When are light felonies punishable? indispensable cooperation
A: Only when there are consummated or done
against person and property Q: Are accomplices the same as an accessory?
A: No
Q: Can a person be held liable for an act done
by a co-conspirator which is not agreed upon? Q: Does an accessory take part on the
A: No, if the crime agreed upon would be done commission of the crime?
without it he does not incur criminal liability A: no

Q: What felonies can be considered as Grave? Q: When an accessory is a spouse of an


A: Those which the law attaches capital offender is he exempt from criminal liability?
punishment or penalties which in any of their A: Yes
period are afflictive
Q: Can a felony by punished by a penalty if
Q: If an act is committed and is punishable in
there is no law punishing it?
both the rpc and special laws which would be
A: No
applied?
A: Special laws
Q: Does a penal law has retroactive effect?
A: Yes if it is beneficial to the offender
Q: What are the 3 requisited of self defense?
Q: What is the effect of pardon to an offended Q: Is civil interdiction perpetual?
party? A: No only until the duration of the sentence
A: Extinguishes civil liability
Q: Failure to keep the bond of peace
Q: Are preventions of safety considered as
A: he shall be detained for 6 months if it is a
penalties?
grave or less grave felony
A: no

Q: Can a person be punished by death penalty Q: Does absolute pardon extinguish civil
A: No, it is currently suspended liability?
A: No, only criminal liability
Q: What is the fine for a light felony?
A: 40,000 pesos and below Q: What costs are included?
A: Fees, indemnities of court proceedings and
Q: How long is the imprisonment for reclusion fines.
temporal?
A: 12 yrs 1day to 20 yrs Q: What is the order of payment of liabilities of
the offender?
1. Reparation of damage caused
Q: When an offender is in prison when shall the 2. Indemnification of the consequential
duration of his penalty start from? damages
A: When judgement of conviction is final 3. Fine
4. Cost of proceedings
Q: Can period of preventive imprisonment be
deducted to term of imprisonment? Q: What is the rate per day when a person is
A: Yes, if he agreed in a document that he will subject to an subsidiary imprisonment
be treated as a prisoner while in preventive A: the minimum wage
imprisonment

Q: Are 13th month pay is included in the loss in


article 30?
A: No

Q: Give an effect of temporary special


disqualification
A: The deprivation of the office employment or
profession

Q: Duration of temporary special


disqualification
A: Only to the period of the sentence

Q: Effects of perpetual absolute


disqualification?
A: He cannot run for public office
PERONS A: rule of conduct established by repealed acts
Q: What is the name of republic act no.386 and uniformly observed or practiced as a rule of
A: Civil Code of the Philippines society

Q: When does a law take effect? Q: Does Article 13 apply to computation of


A: 15 days after publication pregnancy?
A: No, this is computed in a different way
Q: Are foreigner exempted from article 3?
A: No, penal laws govern everyone within the Q: Does penal laws apply to everyone within
Philippine territory the Philippine territory?
A: Yes, except those mentioned in the article 2
Q: Does a law have retroactive effect? of the RPC
A: No, unless it is beneficial to the offender
Q: What is the Principle of Nationality
Q: Is a violation of a directory punishable? A: The law follows the citizen wherever he goes
A: No, only if it is mandatory or prohibitory
Q: What law governs real and personal
Q: is the right to waive absolute? properties?
A: No, it is subject to limitations imposed by the A: The law in the place where they are found
law except those involving intestate and
testamentary successions
Q: how are laws repealed?
A: Expressly when is declared by the law itself Q: What will govern the extrinsic validity of
that it repeals a certain law. Implied when a contracts?
new law is irreconcilable with the old law, the A: The law of the place of the execution of the
new law prevails. contract

Q: Are judicial decisions law? Q: provisions not provided by the code of


A: No, while judicial decisions apply the commerce and special laws will be provided by?
constitution or other laws they are still not laws. A: The civil code of the Philippines

Q: If there is no applicable law are the courts Q: What are the elements of the abuse of
still obliged to render a decision? rights?
A: Yes in civil cases only A: Legal right/ duty, bad faith and intent of
prejudicing another
Q: Where can interpretation and construction in
the application of laws happen? Q: Is forging of a signature contrary to the law?
A: Only when there is ambiguity A: forging a signature without his knowledge or
permission is contrary to the law and needs to
Q: Can customs still be practiced if they are be punished
contrary to a public policy?
A: No, they must not contravene the law Q: Is a person liable for damages if he causes
injury to another that is contrary to morals,
Q: What is a custom? public policy and customs?
A:Yes

Q: Does a person who is criminally liable also


Q: What is Negotiorum Gestio?
liable for civil damages?
A: Anyone who voluntarily takes charge of the
A: yes
agency or management property of another
without the knowledge of the owner
Q:Can a civil action based of obligation not
arising from a felony proceed independently?
Q: What is Solution indebiti
A: Yes
A: the juridical relation which is created when
something is received when there is no right to
Q: Is someone who impedes the liberty the
demand
rights of people pertaining to freedom to
religion and speech liable for civil damages?
Q: When an act of negligence causes another
A: Yes
loss even if it contrary to the law, is he still
liable?
Q: Can a physical injury be pursued by the
A: Yes
offended party for civil action with separate
criminal prosecution?
Q: What is Parens Patriae
A: Yes
A: sovereign power of the state in safeguarding
persons under disability
Q: What is a public officer?
A: a person who has been legally elected or
appointed to office and who exercises
Q: What is thoughtless extravagance?
governmental functions
A: Thoughtless Extravagance refers to a desire
to splurge during critical times.

Q: When criminal liablity is not proved can


a separate civil action be filed for
Q:Does incurring civil liability means also
damages?
incurring criminal liablity?
A: Yes
A: No
Q: What is a prejudicial question?
Q: Is a person liable for not performing a job
A: one which must be decided first before
which is assigned to him by a competent
a criminal action maybe instituted
authority?
A: Yes, if it causes damages to others
Q:What is juridical capacity?
A: fitness to be subject of legal relations
Q: What is unfair competition?
A: a deceptive business practice that causes
Q: what is incapacity?
economic harm to other businesses or to
A: it is a restriction of a persons capacity
consumers.
to act
Q: When a person hasnt been proven guilty
beyond reasonable doubt can the offended Q: 2 classes of restriction or incapacity?
party file action of civil damages? A: Natural incapacity and Civil Incapacity
A: yes
Q: When does personality begin?
A: Birth determines personality except for Q: Difference of domicile and residence?
a conceived child is considered born for all A: Domicile = permanent while residence =
purposes favorable to it temporary

Constitutional law
Q: Cana juridical person have presumptive
personality? Q: What is the constitution?
A: No A: the basic and paramount law to which all
other laws must conform
Q: When is civil personality extinguished?
A: Death Q: Who can revise the constitution?
A: through a concon and conass
Q: When does article 43 apply?
A: When there is succession and doubt on Q: What is territory?
who died first on a certain incident A: fixed portion of the surface of earth
inhabited by people of the state
Q: What are examples of juridical persons?
A: The state, corporations and partnerships Q: Purpose of archipelagic doctrine
where for private or public interest A: Territorial Integrity, National Security and
Economic reasons
Q: What laws covers a corporation?
A: The corporation code Q:What is the doctrine of state Immunity?
A: The state cannot be sued without its consent
Q:Can juridical person be sued for criminal
Q: List of officers that can be impeached
charges?
A: President, VP, Ombudsman, Members of SC
A: No
and ConComm
Q: How does a juridical person be
Q: What is the state policy regarding war?
extinguished or die?
A: The state renounces war as an instrument of
A: through termination or expiration of
national policy
contract

Q: What is the purpose of the doctrine of


Q: What is naturalization
separation of powers?
A: the legal act or process by which a non- A: To prevent abuse of power from these
citizen in a country may authorities
acquire citizenship or nationality of that
country. Q: What is the principle of checks and balances?
A: it lets one check if the procedures of the law
Q: What laws govern the loss and
applied by each of the department to prevent
reacquisition of citizenshiop?
A: Special laws abuse and corruption

Q: What is a domicile? Q: What are the 2 tests of valid delegation?


A: When there is an element of permanence, A; Completeness and Sufficient Standard
or residence
Q:What is the form of government of the
Philippines?
A: Presidential system

Q: What are the functions of the Govt


A: Constituent and ministrant

Q: To what body is the legislative power vested?


A: The Congress

Q: What are district representatives?


A: those who were elected from the legislative
districts apportioned among the provinces,
cities and metropolitan area

Q: What is a party-list system?


A: mechanism of the proportional
representation in the election of
representatives to the house of representatives.

Q: Who are the elected officers of the congress?


A: Senate President, speaker of the house, such
officers deemed by each house to be necessary

Q: how is election of the officers in the congress


done?
A: by a majority vote of all respective members
of the congress

Q: What are the 2 tests to determine if a


proposed change is an amendment or revision?
A: Quantitative and Qualitative test

Q: What is a republican state


A: wherein all governmental authority
emanates from the people and is exercised by
representatives chosen by the people