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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

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.

Essence of kidnapping: (gravemen)

Taking/transporting of a person against his will from one place to another

Essence of serious illegal detention:

Restraining the person of his freedom/liberty. Hindi kailangan na actual lock-out.

A woman is taken against her will with lewd design from one place to another.

Forcible abduction

A woman is dragged 5 meters against her will

Grave coercion

A woman is dragged without lewd design

Serious illegal detention

What is it called if there are 2 crimes committed?

Special complex crime

There are 2 crimes but, in the eyes of the law, there's only one liability:

Component crime

These make the kidnapping a special complex crime.

Kidnapping with rape


Kidnapping with homicide


Kidnapping with serious physical injuries

There is no such crime as Kidnapping with murder because?

Homicide in Kidnapping with Homicide is a generic sense covers all forms of killing.

There was no actual detention and confinement and the appellant only dragged the victim from one place to another.

Grave coercion

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

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

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.

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


Acts punishable in slavery

Purchasing


Kidnapping


Detaining

Purpose of slavery?

To enslave the victim and to assign to immoral activities

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

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

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.

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.

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

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

In the crime, "exploitation of minors" the child should be...

Below 16 years of age

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

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

Committed when there's an oral or physical declaration to harm or injure the person without attaining the purpose

Grave threat

Committed when the offender threats to commit a wrong in which wrong does not constitute to a crime. Example: blackmailing

Light threats

Grave coercion, when:

1. Preventing someone by means of violence and intimidation not prohibited by law

Ways of commission of Grave Coercion

1. Threat


2. Intimidation


3. Violence

Who may commit the crime of Light Coercion?

Only the creditor. The creditor employs violence upon seizing the property of the debtor.

It is an indiscriminate highway robbery

Brigandage

If there's a predetermined victim, the crime is just

Simple robbery

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

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

When is taking considered complete?

When the offender takes possession of the property even if it were more or less momentarily.

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

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

Committed by any person who buys and sells an item which he knows to be proceeds of robbery and theft

Fencing

Committed when the owner, driver, passenger is killed or is raped.

Qualified carnapping

Under the law, killing of a large cattle is in charge of

Cattle rustling

Anti-cattle rustling law of 1974

PD 533

Illegal logging

PD 705

Illegal possession of timber is...

Malum prohibitum

Illegal logging (committed by 2 ways)

1. Cutting, collecting etc. of timber from forest lands


2. Possession of timber without legal documents

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.