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47 Cards in this Set
- Front
- Back
When is the crime serious illegal detention? (3PITK-M) |
1. More than 3 days 2. Simulating public authority 3. Injuries have been made 4. Threats to kill 5. Minor |
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Who may commit the crime of serious illegal detention? |
A private person. And if a public officer conspires with the kidnapping, he won't be charged with arbitrary detention. Instead, it's serious illegal detention. |
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Essence of kidnapping: (gravemen) |
Taking/transporting of a person against his will from one place to another |
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Essence of serious illegal detention: |
Restraining the person of his freedom/liberty. Hindi kailangan na actual lock-out. |
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A woman is taken against her will with lewd design from one place to another. |
Forcible abduction |
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A woman is dragged 5 meters against her will |
Grave coercion |
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A woman is dragged without lewd design |
Serious illegal detention |
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What is it called if there are 2 crimes committed? |
Special complex crime |
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There are 2 crimes but, in the eyes of the law, there's only one liability: |
Component crime |
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These make the kidnapping a special complex crime. |
Kidnapping with rape Kidnapping with homicide Kidnapping with serious physical injuries |
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There is no such crime as Kidnapping with murder because? |
Homicide in Kidnapping with Homicide is a generic sense covers all forms of killing. |
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There was no actual detention and confinement and the appellant only dragged the victim from one place to another. |
Grave coercion |
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Slight illegal detention is committed if Art 267 is not present. And thus: |
1. Did not last more than 3 days 2. Without attaining the purpose 3. Before the institution of criminal action |
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Elements of Unlawful arrest (ART 269) |
1. The offender arrests the person 2. The purpose is to deliver to the proper authorities 3. There is no reasonable ground |
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Who may commit the crime of Kidnapping and failure to return the minor? |
Only those who are entrusted with the custody of the child. His/her mother and father. |
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Elements of Inducement of minor to abandon his home: |
1. A minor is living with his parents or a person entrusted by the law with custody 2. Offender induces the child to abandon home |
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Acts punishable in slavery |
Purchasing Kidnapping Detaining |
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Purpose of slavery? |
To enslave the victim and to assign to immoral activities |
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Elements of Exploitation of child labor |
1. Offender retains a minor in his services 2. Against the will of the minor 3. As an act of reimbursement of debt |
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Elements of services rendered under the compulsion in payment of debt |
1. As a house-hold servant and farm laborer only 2. Against the debtor's will 3. Purpose is to enforce the payment |
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Abandonment of a person in danger: |
The person is wounded or in danger of dying in an uninhabited place and the accused can render assistance but fails to do so. |
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Abandonment of a helpless person: |
Same concept with abandonment of a person in danger but this time, it's a minor under 7 years of age. |
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Abandonment of a minor: |
1. The offender has the custody of the child 2. The child is under 7 years of age 3. The offender abandons the child 4. With no intent to kill the child |
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Abandonment of a minor by person entrusted with his custody: indifference of parents |
Neglect on the part of the parents to provide support, education and financial assistance |
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In the crime, "exploitation of minors" the child should be... |
Below 16 years of age |
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Committed by any private person wo shall enter the dwelling of another against his will by means of violence and intimidation |
Qualified trespass to dwelling |
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Committed when the offender enters the closed premises that is uninhabited where there is a prohibition and has not secured the permission of the owner |
Trespass to property |
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Committed when there's an oral or physical declaration to harm or injure the person without attaining the purpose |
Grave threat |
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Committed when the offender threats to commit a wrong in which wrong does not constitute to a crime. Example: blackmailing |
Light threats |
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Grave coercion, when: |
1. Preventing someone by means of violence and intimidation not prohibited by law |
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Ways of commission of Grave Coercion |
1. Threat 2. Intimidation 3. Violence |
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Who may commit the crime of Light Coercion? |
Only the creditor. The creditor employs violence upon seizing the property of the debtor. |
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It is an indiscriminate highway robbery |
Brigandage |
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If there's a predetermined victim, the crime is just |
Simple robbery |
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An offender supports the illegal activities of the brigands and gives information about the movement of the police. He is liable of? |
Aiding the brigandage |
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Who are liable for theft? |
1. Those who have intent to gain but no means of violence are employed 2. Those who have found a lost property but failed to give it back 3. Remove or make use of a damaged object caused by them 4. Entee enclosed state |
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When is taking considered complete? |
When the offender takes possession of the property even if it were more or less momentarily. |
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Finders of lost property |
1. Finder in fact -the one who found the lost property 2. Finder in law -the public officer to whom it was surrendered |
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Committed by any person who shall take gold bearings ores or rocks in place without the consent of the operator of the mining operation |
Theft of gold |
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Committed by any person who buys and sells an item which he knows to be proceeds of robbery and theft |
Fencing |
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Committed when the owner, driver, passenger is killed or is raped. |
Qualified carnapping |
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Under the law, killing of a large cattle is in charge of |
Cattle rustling |
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Anti-cattle rustling law of 1974 |
PD 533 |
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Illegal logging |
PD 705 |
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Illegal possession of timber is... |
Malum prohibitum |
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Illegal logging (committed by 2 ways) |
1. Cutting, collecting etc. of timber from forest lands 2. Possession of timber without legal documents |
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In the first offense of illegal logging, one can raise a defense by |
Presenting the authorizations issued by the DENR as an act of legality of cutting, removing, collecting timber. |