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WorksheetsMidterm Quiz 01 LM Law Elec 325
Total questions: 25
Worksheet time: 11mins
Those which if present in the commission of the crime reduces the penalty of the crime reduces the penalty of the crime but does not erase criminal liability nor change the nature of the crime.
Mitigating Circumstances
Aggravating Circumstances
Justifying Circumstances
Alternating Circumstances
Any unjust or improper conduct or act of the offended party, capable of exciting, inciting or irritating anyone.
Provocation
Vindication
Obfuscation
Passion
The following are the requisites of Provocation, except:
It must be sufficient.
It must originate from the offended party.
It must be immediate to the commission of the crime by the person who is provoked.
It may be proximate, time interval allowed.
The following are the characteristics of passion and obfuscation, except:
It comes from the injured party.
A mitigating circumstance.
There is no physical force needed.
It comes from the offender himself.
The following are the instances when surrender is voluntary, except:
He acknowledges his guilt;
He wishes to save them the trouble and expenses necessarily incurred in his search and capture
It must be spontaneous with the intent of the accused to submit himself unconditionally to the authorities.
It was made prior to the presentation of the evidence for the prosecution.
Those which if attendant in the commission of the crime, serve to have the penalty imposed in its maximum period provided by law for the offense or those that change the nature of the crime.
Aggravating Circumstances
Justifying Circumstances
Mitigating Circumstances
Exempting Circumstance
A kind of aggravating circumstances those that change the nature of the crime:
Generic
Specific
Qualifying
Inherent
A kind of aggravating circumstances those which apply to all crimes:
Generic
Specific
Qualifying
Inherent
A kind of aggravating circumstances those which of necessity accompany the commission of the crime, therefore not considered in increasing the penalty to be imposed.
Generic
Specific
Qualifying
Inherent
A kind of aggravating circumstances those which arise under special conditions to increase the penalty of the offense and cannot be offset by mitigating circumstances.
Generic
Specific
Qualifying
Special
It must be a building or structure exclusively used for rest and comfort (combination of house and store not included), may be temporary as in the case of guests in a house or bedspacers. It includes dependencies, the foot of the staircase and the enclosure under the house.
Dwelling
Uninhabited Place
Inhabited Place
Village
Period of darkness beginning at the end of dusk and ending at dawn.
Nighttime
Midnight
Sunset
Dawn
One where there are no houses at all, a place at a considerable distance from town, where the houses are scattered at a great distance from each other.
Uninhabited Place
Inhabited Place
Isolated Place
Far flung areas
Whenever there are more than 3 armed malefactors that shall have acted together in the commission of an offense.
Band
Syndicate
Gang
Mafia
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 the Revised Penal Code.
Recidivist
Reiteracion
Quasi Recividism
Habitual delinquent
This involved the use of intellectual trickery or cunning on the part of the accused.
Craft
Fraud
Disguise
Scam
Insidious words or machinations used to include the victim to act in a manner which would enable the offender to carry out his design.
Craft
Fraud
Disguise
Scam
Resorting to any device to conceal identity.
Craft
Fraud
Disguise
Scam
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 which the offended might make.
(a)
When an entrance is effected by a way not intended for the purpose.
Illegal entry
Unlawful entry
Uninhabited place
Inhabited place
A circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused buy the crime.
Ignominy
Cruelty
Unlawful entry
Treachery
This exist when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing unnecessary physical pain in the consummation of the criminal act.
Cruelty
Ignominy
Disguise
Unlawful entry
Those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission.
Alternative Circumstances
Justifying Circumstances
Exempting Circumstances
Absolutory Circumstances
This refers to the lack or presence of sufficient intelligence and knowledge of the full significance of one's acts.
Instruction or Education
Intoxication
Relationship
Discernment
If the intoxication is not habitual or if intoxication is not subsequent to the plan to commit a felony.
Mitigating
Aggravating
Exempting
Justifying
