Criminal Law and Jurisprudence Flashcards 2025 – Legal Concepts,
Court Procedures & Penal Code Essentials | Study Set for Law
Students, Nursing Law & Health Professionals
Is Krystal’s contention against the application of the RPC against her tenable?
No, the RPC can be applied and enforced against Krystal even though both of them are foreign nationals and the
crime was committed in foreign vessels
Which court can try the case of murder committed by Ryan? Is it the Philippine Courts or the U.S.
Courts?
Philippine Court can try the case under Art. 2 as it provides that RPC shall be applied to those who should
commit offense while on Philippine Ship or Airship
This rule applies when the court is faced with two possible interpretation of a penal statute, one that is
prejudicial to the accused and another is favorable to him. The rule calls for the adoption of an
interpretation which is more lenient to the accused.
Lenity Rule
This rule finds application if the inculpatory facts and circumstances are capable of two or more
explanations, one of which is consistent with the innocence of the accused and the other consistent with
his guilt, for then the evidence does not fulfill the test of moral certainty, and does not suffice to produce a
conviction
Equipoise Rule
Is Chano’s claim proper that the CA erred in convicting him despite the prosecution's failure to establish
a motive for the killing?
No. it is not an essential element of a crime and need not be proven by the State
Menoy’s defense is that he had no intention of killing his friend and that he did not intend to commit so
grave a wrong as that committed. Is praeter intentionem properly invoked?
Praeter intentionem is improperly invoked because it is only mitigating if there is a notable disparity between
the means employed and the resulting felony.
What is the proximate cause for the death of Marigel?
The proximate cause Marigel’s death is the stab wound it sustained from Donna
The following are not considered efficient intervening cause, except?
Causes which are inherent in the victim such as the victim/s inability to swim
The following are the requisite of an impossible crime, except?
Act performed should constitute a violation of the RPC
, Four culprits, all armed with firearms and with intent to kill, went to the intended victim’s house and
after having pinpointed the latter’s bedroom, all four fired at and riddled said room with bullets… Was it
an impossible crime or attempted murder?
Impossible crime. The factual situation, in this case, presents a physical impossibility that rendered the intended
crime impossible to accomplish.
Sean, a trying hard hold upper… argued that he should not be charged because while he indeed had the
intention to rob the shop, it did not materialize. The argument is correct because there was at that point
what?
No overt act.
Mendicancy law on the giving of small amounts of money to street beggars is a special law… Would you
still criminally charge the man with a soft heart for the poor?
Yes
Ryan James saw Sander with an angry expression… When Sander was already near him, Ryan James
picked up a 2x2 hardwood… This situation fits the principle of
mistake of facts
It is required that the criminal intent be evidenced by notorious acts evincing the determination to
commit the same… From among the following aggravating circumstances, what is being described?
Evident premeditation
The following aggravating circumstance will qualify the crime to murder:
I,II, IV,V
Jericson proposed to RV that they rob a certain store, to which RV agreed, later, however, RV undertook
the robbery alone… What is Jericson’s liability? If any?
Accessory
No person may be compelled to testify against his parents, or descendants or ascendants or children is
the:
filial privilege
Upon the termination of the direct examination, what process does the adverse party conduct… to test his
accuracy and truthfulness.
cross examination
What do you call that question which suggests to the witness the answer which the examining party
desires to hear; therefore that question is not permitted?
leading question
What is that question where one assumes as true a fact not yet testified to by the witness, or contrary to
that which he has previously stated? Also this kind of questioning is not allowed in courts.
Court Procedures & Penal Code Essentials | Study Set for Law
Students, Nursing Law & Health Professionals
Is Krystal’s contention against the application of the RPC against her tenable?
No, the RPC can be applied and enforced against Krystal even though both of them are foreign nationals and the
crime was committed in foreign vessels
Which court can try the case of murder committed by Ryan? Is it the Philippine Courts or the U.S.
Courts?
Philippine Court can try the case under Art. 2 as it provides that RPC shall be applied to those who should
commit offense while on Philippine Ship or Airship
This rule applies when the court is faced with two possible interpretation of a penal statute, one that is
prejudicial to the accused and another is favorable to him. The rule calls for the adoption of an
interpretation which is more lenient to the accused.
Lenity Rule
This rule finds application if the inculpatory facts and circumstances are capable of two or more
explanations, one of which is consistent with the innocence of the accused and the other consistent with
his guilt, for then the evidence does not fulfill the test of moral certainty, and does not suffice to produce a
conviction
Equipoise Rule
Is Chano’s claim proper that the CA erred in convicting him despite the prosecution's failure to establish
a motive for the killing?
No. it is not an essential element of a crime and need not be proven by the State
Menoy’s defense is that he had no intention of killing his friend and that he did not intend to commit so
grave a wrong as that committed. Is praeter intentionem properly invoked?
Praeter intentionem is improperly invoked because it is only mitigating if there is a notable disparity between
the means employed and the resulting felony.
What is the proximate cause for the death of Marigel?
The proximate cause Marigel’s death is the stab wound it sustained from Donna
The following are not considered efficient intervening cause, except?
Causes which are inherent in the victim such as the victim/s inability to swim
The following are the requisite of an impossible crime, except?
Act performed should constitute a violation of the RPC
, Four culprits, all armed with firearms and with intent to kill, went to the intended victim’s house and
after having pinpointed the latter’s bedroom, all four fired at and riddled said room with bullets… Was it
an impossible crime or attempted murder?
Impossible crime. The factual situation, in this case, presents a physical impossibility that rendered the intended
crime impossible to accomplish.
Sean, a trying hard hold upper… argued that he should not be charged because while he indeed had the
intention to rob the shop, it did not materialize. The argument is correct because there was at that point
what?
No overt act.
Mendicancy law on the giving of small amounts of money to street beggars is a special law… Would you
still criminally charge the man with a soft heart for the poor?
Yes
Ryan James saw Sander with an angry expression… When Sander was already near him, Ryan James
picked up a 2x2 hardwood… This situation fits the principle of
mistake of facts
It is required that the criminal intent be evidenced by notorious acts evincing the determination to
commit the same… From among the following aggravating circumstances, what is being described?
Evident premeditation
The following aggravating circumstance will qualify the crime to murder:
I,II, IV,V
Jericson proposed to RV that they rob a certain store, to which RV agreed, later, however, RV undertook
the robbery alone… What is Jericson’s liability? If any?
Accessory
No person may be compelled to testify against his parents, or descendants or ascendants or children is
the:
filial privilege
Upon the termination of the direct examination, what process does the adverse party conduct… to test his
accuracy and truthfulness.
cross examination
What do you call that question which suggests to the witness the answer which the examining party
desires to hear; therefore that question is not permitted?
leading question
What is that question where one assumes as true a fact not yet testified to by the witness, or contrary to
that which he has previously stated? Also this kind of questioning is not allowed in courts.
