What is Article 11 of the RPC?
11. That the crime be committed in consideration of a price, reward, or promise. 12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin.
What is Desterrio?
Destierro means banishment or only a prohibition from residing within the radius of 25 kilometers from the actual residence of the accused for a specified length of time. While it is technically not imprisonment, it still is a penalty imposed under the Revised Penal Code of the Philippines.
What is the penalty of arresto mayor?
Arresto mayor. — The duration of the penalty of arresto mayor shall be from one month and one day to six months. Arresto menor. — The duration of the penalty of arresto menor shall be from one day to thirty days. Bond to keep the peace.
What is the article for of Act 3815?
Article 8. Conspiracy and proposal to commit felony. – Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor. A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.
What are justifying circumstances art 11 RPC?
Art. 11: Justifying Circumstances – those wherein the acts of the actor are in accordance with law, hence, he is justified. There is no criminal and civil liability because there is no crime. Reason for lawfulness of self-defense: because it would be impossible for the State to protect all its citizens.
What are the aggravating circumstances under Art 14 of the RPC?
That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin.
What crime is destierro?
— Any legally married person who having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.
What is RA 10951 all about?
Republic Act No. 10951 is the law adjusting the amount or the value of property and damage on which a penalty is based, and the fines imposed under the Revised Penal Code. RA 10951 has amended the provisions under Act No. 3815, or otherwise known as the Revised Penal Code (“RPC”).
What is the maximum period of arresto mayor?
to six months
Arresto mayor. – The duration of the penalty or arresto mayor shall be from one month and one day to six months. Arresto menor. – The duration of the penalty of arresto menor shall be from one day to thirty days.
What is two degrees higher of arresto mayor?
The penalty two degrees higher than this is prision mayor in its medium and maximum degrees. It should be imposed in its medium period because there is no mitigating nor aggravating circumstance.
What is dolo and culpa?
Dolo is a Spanish term which means deceit. There is deceit when an act is performed with deliberate intent. [2] Culpa is also a Spanish term which means fault. There is fault when a wrongful act results from negligence, imprudence, lack of skill or foresight. Here lies the confusion.
What are the 4 kinds of aggravating circumstances?
Moreover, there are four kinds of aggravating circumstances, namely: (1) generic or those that can generally apply to all crimes; (2) specific or those that apply only to particular crimes; (3) qualifying or those that change the nature of the crime; and (4) inherent or those that must of necessity accompany the …
What is the penalty for destierro?
Under article 25, destierro is classified as a correctional penalty and, under article 27, its duration is from 6 months and 1 day to 6 years. Upon the other hand, the duration of arresto mayor, classified also as a correctional penalty (article 25), is from 1 month and 1 day to 6 months (article 27).
How long do you go to jail for qualified theft?
In qualified theft, rule that the maximum penalty cannot exceed twenty (20) years is not applicable. By reason thereof, the court shall sentence the accused to suffer reclusion perpetua (San Diego vs.
What is Article 9 of the Revised Penal Code?
Article 9. Grave felonies, less grave felonies and light felonies. – Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with article 25 of this Code.