THE REVIEWER OF QUIZZES IN CLAW 1

DISCUSSION 1:
GRAVE - It refers to the capital punishment or the afflictive penalty.
AFFLICTIVE PENALTY – Dereclusion of Perpetua to the life imprisonment.
GRAVE is the highest form of penalty
LESS GRAVE – The penalty here in is the correctional
LIGHT FELONIES – It is the lowest form of penalty that covers arrest to minor and as well as finding

STAGES OF GRAVITY OR STAGE EXECUTION

ATTEMPTED – When a person or the offender commences the commission of felonies directly Does not
perform all the three emelents of execution.
- Which is sa example lang ni sir. Si kung si A ay tinutukan ng baril si b pero walng nangyaring injury or
walng intension na pagpatay ang nanyari ang tawag lang don ay attempted homicide.
- Kapag naman kapag si A ay na baril si B at nag cause ng severe injury ito ay magiging Frustrated
homocide.
- Kapag kunwari naman si B ay namatay dahil sa pagkakabaril ni A magiging Consummated.
- Kapag hindi naman sya natamaan sa kanyang sensitive na katawan magigng physical injury lang but
naka depende parin sa sugat kung gaano kalala ang magiging parusa mo.
Take note base lang to sa aking understanding. Thankyou!
ELEMENT OF CRIME
AN ACT - There must be a bodily movement of expression of person that produce result of his or her act.
AN UNLAWFUL ACT – There is differing to committing an act that are prohibited and forbidden by law.
AN INTENT (MENS REA) - Definitely to will. Refers to pre- regulated plan.
ATTENDANT CIRCUMSTANCES – we have to bearing mind of that we have an opportunity.
THREE BASIC ELEMNTS OF CRIME
DEMOTIVE – It is the moving impulse that would induce a person to commit a crime. Ex. Revenge, anger and a
likely
INSTRUMENTALITY – Refers to a weapon. Ex. Knife and firearm and etc.
OPPORTUNITY – Referring to the chances of a person to commit crime.
- Take note: A person can't commit a crime when the opportunities are eliminated.
CONCURRENCE OF ACT AND INTENT – The intent requires act. This must exist before we can say it that it is
crime. That the result of produce felony or offense.
CAUSITION – Hindi na nabanggit ni sir but nag search ako eto yung nakita ko -
Causation, in legal terms, refers to the relationship of cause and effect between one event or action and the result. ...
In a personal injury case, one must establish causation—meaning that it's not enough to show that the defendant was
negligent. The negligence must be what caused the complainant's injuries.

WHEN DOES JUDGMENT OF CONVICTION BECOMES FINAL?

A. After the lapse of 15 days; Ex. Kapag nakareceive kana ng judgment and you are found guilty. That 15 days duration
given to for you to appeal. And if you don’t want to appeal within that final jugdment will be the irrevocable or
irrefutable verdict made by the court.

B. When the accused waive his right to appeal; Ex. Kapag naka receive ka ng judgment sa regional trial court at sa court
of appeals na ikaw ay found guilty at may right ka na makapag appeal sa supreme court at ni reverse naging innocent
mababaliwala ang judgment sa regional trial court at sa court of appeals. At kapag hindi ka nag appeal sa court meaning
tangap mo na naikaw ay guilty

C. When the accused applies for probation; Meaning required a person to receive a final judgment. Before not severing
the sentence. There a chance to apply the provision but kapag na serve in just one day he or she disqualified to apply for
probation.

D. When the case is decided with finality with the Supreme Court and the right to file for motion for reconsideration is
closed. Meaning you don’t have any choice. Or even if you can’t appeal to the president.

WHAT IS JUSTICE

The act of rendering what are due or treating persons equally.

REPUBLIC ACT NO. 7438 - An act defining certain rights of person arrested, detained or under custodial investigation as
well as the duties of the arresting, detaining and investigating officers, and providing penalties for violations thereof.

SYSTEM IN THE PHILIPPINES

1. ADVERSARIAL SYSTEM - accused is innocent until proven guilty. (Right of the accused) -during court stage (Trial)
Exemption is for only self-defense cases.

2. INQUISITORIAL SYSTEM - under preliminary investigation

- under the rule 112 of rules of court

- we presumed a person as guilty until he is proven innocent

THE BURDEN OF PROOF FOR CIVIL CASE is the preponderance of evidence. -burden of proof lies on the same parties.

MIXED SYSTEM - the system used here in the Philippines.

SYSTEM- referred to the process/ mechanism that must be followed by the court or by justice system of the Philippines.

SHAIRING IS FUN!