POINTERS BOOK 1

REVISED PENAL CODE

1. Two kinds of complex crimes

1. Compound crime – when a single act constitutes two or more grave or less grave
felonies
2. Complex crime proper- when an offense is a necessary means for committing the
other.

2. Albert in firing a shot, the same bullet causing the death of two (2) persons. What kind of
complex crime is committed by Albert?

3. Continued crime- is a single crime, consisting of a series of acts but all arising from one
criminal resolution.

4. Is continued crime a complex crime, Yes or No? Explain your answer.

5. Distinguish real or material plurality from “continued crime”

Answer: In real or material plurality, each act performed by the offender constitutes a
separate crime-because each act is generated by a criminal impulse. In continued crime the
different acts constitute only one crime-because all of the acts performed arise from one
criminal resolution.

6. What is aberratio ictus?, error in personae?,and praeter intentionem?

Answer: Aberration ictus is mistake in the blow;
Error in personae is mistake in the identity of the victim;
Praeter intentionem is where a more serious consequence not intended by the
offender befalls the same person.

7. What are the bases for imposition of penalty on impossible crime?

Answer: 1. Social danger, 2 degree of criminality by the offender

8. Write the graduated scale of penalties from death to fine.

Answer: Death, Reclusion Perpetua, Reclusion Temporal, Prision Mayor, Prision
Correccional. Arreto Mayor, Destierro, Arresto Menor, Public Censure, Fine

9. Who is habitual delinquent?

Answer: A person shall be deemed to be habitual delinquent, if within a period of ten
years from the date of his release or last conviction of the crimes of serious or less serious
physical injuries, robo, hurto, estafa or falsification, he is found guilty of any of said crimes a
third time or oftener.

10. Who is a recidivist?

Answer: A recidivist is one who, at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime embraced in the same title of this Code.
11. Who is a quasi recidivist?
Answer: A quasi-recidivist is “any person who shall commit a felony after having been
convicted by final judgment for another crime before beginning the service of such sentence or
while serving the same.”

12. Can a convict be a habitual delinquent without being a recidivist?

Answer: Yes, when no two of the crimes committed are embraced in the same title of
the Revised Penal Code.

13. What is privileged mitigating?

Answer: Privileged mitigating circumstances are those that mitigate criminal liability
of the crime. The penalty may be lowered by one or two degrees. These circumstances
cannot be off-set by aggravating circumstance. Example of privileged mitigating are: when the
offender has committed incomplete justifying or exempting circumstances, or minority.

14. What is qualifying circumstance?

Answer: A qualifying circumstance not only gives the crime its proper and exclusive
name but also sentencing the criminal/accused to a higher penalty. Example: treachery or
alevosia, instead of the crime of homicide only is committed but because of qualifying
circumstance of treachery/alevosia, the crime will become murder and the penalty will be
increased by one degree ‘higher”.

15. When there is treachery or alevosia?

Answer: There is treachery (alevosia) when the offender commits any of the crimes
against the person, employing means, methods, or forms in the execution thereof which tend
directly and specially to insure its execution without risk to himself arising from the defense
the offended party might make. Example is murder (pataksil na pagpatay, nilason, biglang binaril
or biglang sinaksak, biglang pinalo ng matigas na bagay sa ulo at nabasag ang bungo).

MAG ARAL NG MABUTI.

KABISADUHIN LAHAT NG POINTERS.
BAWAL MANDAYA.

HASAIN ANG UTAK SA PAG AARAL PARA TUMALINO.

ANG HINDI NAG AARAL AY NAGIGING BOBO.
KAYA DAPAT MAGMEMORIZE KAYO.

LAKASAN NINYO MAGMEMORYA PARA MARINIG NG TENGA NINYO AT PARA

EPEKTIBO.

Atty. Bernardo M. Luceres