Criminal Law 2 Final Exam Reviewer TITLE 10 – CRIMES AGAINST PROPERTY ROBBERY ▪ Define robbery ▪ What are the two classes of robbery? ▪ Who are guilty of robbery? ▪ What are the elements of robbery in general? ▪ ▪ ▪ What is the difference between robbery and usurpation? What does “taking” as an element of robbery, mean? What is RA 10883? ▪ ▪ ▪ What are the crimes that could be complexed with robbery? When is robbery with violence against or intimidation of persons, qualified? When is robbery deemed committed by a band? ▪ ▪ ▪ Describe execution of deeds by means of violence or intimidation? What are the kinds of robbery with force upon things? Differentiate robbery in an inhabited place and robbery in an uninhabited place as to penalty, etc.? What are false keys? How are persons with false keys punished? ▪ BRIGANDAGE ▪ Define brigandage? Who are brigands? ▪ What is PD 532? What are its effects on the crimes of brigandage defined in the RPC? THEFT ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Who are liable for theft? What are the elements of theft? Distinguish theft from robbery? What is the meaning of “taking” in theft? Distinguish the Espiritu and Dino cases from each other in relation to whether or not there is a crime of frustrated theft. Discuss theft of checks. What is PD 401? How, or by what means, can theft of electricity be effected? What is qualified theft? What element distinguishes qualified theft from simple theft? What is PD 534? When is theft qualified? What is PD 533? What is PD 330? What is PD 1612? Define “fencing.” USURPATION ▪ What are the crimes under usurpation? 1 ▪ ▪ ▪ What are the elements of occupation of real property or usurpation of real rights in property? What is RA 947? What is altering boundaries or landmarks? SWINDLING AND OTHER DECEIPTS ▪ What are the elements of estafa in general? ▪ What are the 3 subdivisions classifying the different forms of estafa? Give an example of each. ▪ What is syndicated estafa? What are its coverage? ▪ Describe the crime of swindling a minor? ▪ What crimes are associated to chattel mortgage? ARSON AND OTHER CRIMES INVOLVING DESTRUCTION ▪ What is destructive arson, and how is it distinguished from simple arson? ▪ What are the other forms of arson? ▪ What is PD 1613? MALICIOUS MISCHIEF ▪ Define malicious mischief. ▪ What are the special cases of malicious mischief? ▪ Discuss the exemptions from criminal liability of certain crimes against property TITLE 11 – CRIMES AGAINST CHASTITY ▪ What are the crimes against chastity? ADULTERY ▪ Who are guilty of adultery? ▪ What are the elements of adultery? ▪ Explain the Supreme Court ruling that each sexual intercourse constitutes one crime of adultery. ▪ What is the essence and the gist (ground of a legal action) of adultery? ▪ What is pari delicto? Is it a defense in the charge for adultery? Why? ▪ Give instances when the acquittal of one party in adultery does not operate to acquit the other. CONCUBINAGE ▪ What are the three ways of committing concubinage? ▪ What are the elements of concubinage? ▪ What are the three punishable acts in concubinage? ▪ May a married man be liable for concubinage for mere sexual relations with a woman not his wife? Explain. ▪ Who is a mistress? ▪ What is a conjugal dwelling? ACTS OF LASCIVIOUSNESS ▪ Define lewdness. Give an example. ▪ What are the circumstances for the crime of acts of lasciviousness? ▪ What does lascivious conduct mean? ▪ Give examples of acts of lasciviousness. Give examples of acts that are not lascivious. ▪ Discuss acts of lasciviousness in relation to RA 7610, Sec. 5(b) 2 ▪ Discuss acts of lasciviousness with the consent of the offended party (Art. 339). SEDUCTION ▪ What is seduction? ▪ What are the two kinds of seduction? What are the two classes of qualified seduction? ▪ What is virginity? When is virginity presumed? ▪ How many classes of offenders are there in qualified seduction? Name the offenders in each of the classes? ▪ What are the elements of simple seduction? Is virginity required in simple seduction? Explain. CORRUPTION OF MINORS ▪ What is corruption or prostitution of minors as provided for under RA 7610? ▪ What is RA 9775? Give some unlawful or prohibited acts under that law? ▪ What is RA 10364 ABDUCTION ▪ What is the meaning of abduction? ▪ What are the two kinds of abduction? ▪ In the crimes against chastity, who are the persons who cooperate as accomplices but punished as principals? ▪ What are those crimes embraced in the second, third and fourth chapters of Title 11? TITLE 12 – CRIMES AGAINST THE CIVIL STATUS OF PERSONS ▪ What are the crimes against the civil status of persons? SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS ▪ What are the acts punished under Art. 347? ▪ What is simulation of birth? ▪ What are the requisites that must be present for the crime of concealing or abandoning a legitimate child? ▪ What is the object of the crime punished under Art. 347? ▪ What does abandon in Art. 347 mean? ▪ How is usurpation of civil status of another committed? ILLEGAL MARRIAGES ▪ What is bigamy? ▪ What are the elements of bigamy? ▪ What is the rule regarding the nullity of a previous marriage in relation to bigamy? ▪ Distinguish void from voidable marriages? ▪ Enumerate the causes that may produce the legal dissolution of the first marriage. ▪ State the effect of divorce obtained abroad by the alien spouse. ▪ What is the crime punished in Art. 350 and what are its elements? PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY ▪ Who are the offenders in the performance of illegal marriage ceremony (Art 352)? 3 ▪ ▪ What constitutes a marriage ceremony? What are those crimes embraced in the second, third and fourth chapters of Title 11? TITLE 13 - CRIMES AGAINST HONOR ▪ LIBEL ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ What are the crimes against honor? What is libel (Art 353)? How is libel related to defamation? What are the following: calumny, insult, libel? Does the RPC make a distinction between them? What are the elements of defamation? Briefly explain each element. What is the test of defamatory character of words used? What is the rule regarding the following and give an example: A. Imputation of a criminal act; B. Imputation of a vice or defect; C. Imputation of an act or omission; D. Imputation of condition, status, or circumstance. What is publication? State at least two rules related to publication. Distinguish between malice in fact and malice in law. What is cyber libel? What law prohibits and punishes cyber libel? Discuss the penalties for cyber liber under RA 10175. What are the means, other than information and communication technology, by which libel may be committed? What is blackmail? In what felonies is blackmail possible? What is slander? How is it related to oral defamation? What are the two kinds of oral defamation? What is slander by deed? Give examples of slander by deed. Who are the persons responsible for libel? INCRIMINATAORY MACHINATIONS ▪ What are the crimes or felonies under incriminatory machinations? ▪ Give examples of incriminating a person. ▪ Give examples of intriguing against honor. TITLE 14 – QUASI-OFFENSES CRIMINAL NEGLIGENCE ▪ How are the quasi-offenses under Art 365 committed in four ways? ▪ What are the elements of reckless imprudence? ▪ What does reckless imprudence consist? Give examples. ▪ What are the elements of simple imprudence? 4
