Escolar Documentos
Profissional Documentos
Cultura Documentos
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Can file complaint (a) offended party, (b) peace officer, (c)
public officer (law enforcer)
Elements of Malicious Mischief: (a) offender deliberately
caused damage to property of another; (b) damage caused did
not constitute arson or crimes involving destruction; & (c)
The damage was caused maliciously by the offender.
Elements of Homicide: (a) person is killed; (b) accused killed
him without any justifying circumstances; (c) accused had
the intention to kill, which is presumed; & (d) killing was
not attended by any of qualifying circumstances of murder,
or by that of parricide or infanticide.
Judicial notice: facts already known or ought by judges;
cognizance of matters without need of introducing
evidence; matters as facts - no evidence of their existence
RULE 129. WHAT NEED NOT BE PROVED.
a. Matters or facts subject of judicial notice
b. Matters or facts subject of judicial admission
c. Matters or facts which are legally presumed
d. Matters or facts stipulated upon
e. Matters or facts which are exclusively within the
knowledge of the opposing party
f. Matters or facts which are irrelevant
g. Matters or facts in the nature of negative allegations
subject to certain exceptions
Rebellion not crime against national security by public
order
Crimes against Public Order
a. Art. 134. Rebellion or insurrection
b. Article 134-A. Coup d'etat
c. Art. 136. Conspiracy and proposal to commit coup
d'etat, rebellion or insurrection
d. Art. 137. Disloyalty of public officers or employees
e. Art. 138. Inciting a rebellion or insurrection
f. Art. 139. Sedition
g. Art. 141. Conspiracy to commit sedition
h. Art. 142. Inciting to sedition
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Abuse of confidence
Dwelling
Band
Uninhabited place
Nighttime
General rule:
Before plea,
Downgrade offense or
Requisites to observe:
Amendment: motion of
prosecutor
Leave of court
After plea:
Amendment in form
"People's Advocate
Special court
Exemptions:
GENERAL
Exemptions:
Ambassadors,
ministers
plenipotentiary, ministers resident, and
charges
d
affaires,
ambassadors
extraordinary
name of accused
MTC:
Cannot
conduct
preliminary
35. In the first form of direct assault, the aim of the offender is to
attain any of the purposes of the crimes of: Rebellion,
sedition
Res gestae
40. If A shot B with intent to kill him but without hitting him,
then desisted from firing again, he is: Liable for an
attempted felony.
41. Illness that diminishes the exercise of will power: NOT an
aggravating circumstance but
Self-defense
Defense of relative
Defense of stranger
Accident
Principals
Accomplices.
lies w/ plaintiff
54. The criminal action shall be instituted and tried in the court
of the territory where the offense was committed.
55. When the owner forcibly ejects his lessee for his apartment
unit, he is: Liable for grave coercion
plea bargaining;
stipulation of facts;
Latin
expression meaning on
its
first
appearance, or at first sight.
Prima Facie Evidence:
Offer of Evidence:
Gives himself up
Be captured
Subjective phase
68. When the law punishes the crime with a penalty that in its
maximum period is correctional, there exists what we call
less grave felonies.
Motion to quash
74. By conspiracy, one may be liable for the act of the other.
75. Stop and frisk: included in allowable search and seizure
without warrant. MANALILI V. COURT OF APPEALS 280 SCRA 400
76. HOMICIDE
&
ILLEGAL
POSSESSION
OF
FIREARMS: Not correct charge.
Offender be PO
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X-rays 1 to 30 nm
UV rays 30 to 400 nm
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110. Other terms for land and groove marks are rifling
111. Records respiratory movement: Pneumograph
112. Class characteristics of a 9mm Browning pistol: 6 lands, 6
grooves, right hand twist
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Truthful subject: no tension build up
Rigor Mortis
Offender:
Priest
House-servant
Domestic
Guardian
Teacher
Any
person
entrusted
w/
education/custody of woman seduced
Elements:
Sexual intercourse
Sexual
act:
abuse
of
authority/confidence
Abuse of authority
o
Person in public
authority
o
Guardian
o
Teacher
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Person entrusted
w/ education/custody of woman seduced
Abuse of confidence
o
Priest
o
House-servant
o
Domestics
Offender-victim
relationship:
blood
relationship
Elements:
Sexual act
Sexual intercourse
Maceration
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LOVE OF GOD
RESPECT OF AUTHORITY obedience.
SELFLESS LOVE OF PEOPLE
CHASTITY
RESPONSIBLE DOMINION OVER MATERIAL
THINGS
TRUTHFULNESS
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INDUSTRIOUSNESS
SENSE OF RESPONSIBILITY
ORDER (SENSE OF TIME)
COLLABORATION
DETERMINATION
SERVICE
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61. Persons who violate law because they believe their actions
will ultimately benefit society are referred to as Goaloriented criminals.
62. One of first social scientists to use objective mathematical
techniques to investigate influence of social factors on
propensity to crime is: Adolphe Quetelet
63. When police takes person into custody and suspect believes
that he or she lost his or her liberty, there is what is called:
Arrest
64. Capacity of person to tolerate prolonged periods of stress and
pressure is also known as Frustration tolerance.
65. When accused is released from imprisonment on his or her
promise to return to court as required, or upon undertaking of
suitable person that he will guarantee accuseds appearance
in court: Recognizance
66. All members of PNP should act in manner that would reflect
best on PNP and live by PNPs core values: Image
67. Guilty or not guilty as response by accused to criminal
charge at arraignment is called: Plea
68. Crime is function of social conflict and economic rivalry:
Conflict
69. Stage of trial process at which indictment or information is
read in open court and accused is asked how he pleads is
known as: Arraignment
70. In accomplishing tasks assigned of them, PNP members are
required to follow procedures intended to minimize waste in
use of time, money and effort: Frugality
71. When methods are adopted with end in view of reducing
value of crime to potential criminals, there exists what is
called stimulus reduction.
72. Institution of passive and active security measures to avoid
or thwart occurrence of disaster is known in crisis
management as: Prevention
The 4P Crisis Management Model
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Prediction
Prevention
Preparation
Performance
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111. Police turn over CICL after his arrest to: DSWD
112. Illegal activities of people and institutions whose
acknowledged purpose is profit and gain through legitimate
business transactions are called Organized crimes.
113. According to routine activities theory, volume and
distribution of predatory crimes are affected by following:
Absence of capable guardians, Presence of motivated
offenders, Availability of suitable targets
114. Set of norms and standards practiced by PNP members
during social and other functions is called: Decorum
115. In Marxist Criminology, people who view criminal law and
criminal justice system solely as instrument for controlling
poor are called: Instrumentalists
116. Judicious and equitable distribution of opportunity to prove
ones worth in police service is reflective of the PNPs stand
on the issue of Equality in the service
117. Anti-social act committed by child, minor or youth in
contravention to social norms and standards of civilized
society is called: Juvenile delinquency
118. Demands of hostage-taker with an anti-social personality are:
Unrealistic
119. Criminality is function of learning process that could affect
any individual in any culture. Major premise of Differential
association theory.
120. People who reside in socially disorganized high crime areas
where they have greatest risk of coming into contact with
criminal offenders become victim prone irrespective of their
behavior and lifestyle. This statement refers to High risk
theory.
121. Criminal behavior occurs when actor/offender considers it
useful, purposeful and reasonable. This philosophy is known
as: Utilitarianism
122. Person blocked or thwarted in satisfaction of his need
experience. Frustration
123. Process by which people keep below surface of
consciousness feelings about sex and hostility is called:
Repression
124. Position that criminal law reflects broad agreement about
which kinds of behavior should be punished by state is
espoused by Consensus perspective.
125. Monitoring and support of juveniles who have been released
from custody or supervision by juvenile court: After care
126. Advocates of accused, acting as intermediaries and
counselors and represent interests of persons accused of
crime are: Private defense counsels/public attorneys
127. The term which defines crimes, dictates punishments, and
controls the procedures used to process criminal offenders
through the justice system
is known as criminal
jurisprudence
128. Victims behavior has little influence over criminal act when
he lives in area that is at high risk for crime. This refers to
Deviant place theory of victimization.
129. Hostage-taker moved by frenzy of enthusiasm in his ideas is
identified as: Fanatic
130. Term referred to when we speak of feeling or impression of
stimulus is: Sensation
131. Following are principles advanced by the classical theory: (1)
People have free will to choose criminal or conventional
behaviors. (2) People choose to commit crime for reasons
of greed or personal needs. (3) Crimes can be controlled
only by fear of criminal sanctions.
132. Crime that has no purpose except to accomplish behavior at
hand is otherwise known as an expressive crime.
133. Police officers should recognize legitimacy and authority of
government follow its leadership and obey legal orders of his
superior officers. Respect for authority
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Grant of parole
Grant of pardon
Grant of amnesty
Any lawful order of competent authority
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