SYLLABUS FOR 2011 BAR EXAMINATIONS CRIMINAL LAW I.

Revised Penal Code / Special Laws, Presidential Decrees, and Executive Orders A. Book 1 (Articles 1-99, RPC, excluding provisions on civil liability), including related Special Laws 1. Fundamental Principles a. Definition of Criminal Law Difference between Mala in Se and Mala Prohibita b. Scope of Application and Characteristics of the Philippine Criminal Law (1) Generality (2) Territoriality (3) Prospectivity c. Constitutional limitations on the power of Congress to enact penal laws in the Bill of Rights (1) equal protection (2) due process (3) non-imposition of cruel and unusual punishment or excessive fines -Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A. 9346) (4) bill of attainder (5) ex post facto law 2. Felonies Article 3. Definitions. - Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa). There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

a. Classifications of Felonies (1) According to the manner of their commission Under Article 3, they are classified as, 1. intentional felonies or those committed with deliberate intent; and 2. culpable felonies or those resulting from negligence, reckless imprudence, lack of foresight or lack of skill. (2) According to the stages of their execution Under Article 6., felonies are classified as

1. attempted felony when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance; 2. frustrated felony when the offender commences the commission of a felony as a consequence but which would produce the felony as a consequence but which nevertheless do not produce the felony by reason of causes independent of the perpetrator; and, 3. consummated felony when all the elements necessary for its execution are present. (3) According to their gravity Under Article 9, felonies are classified as 1. grave felonies or those to which attaches the capital punishment or penalties which in any of their periods are afflictive; 2. less grave felonies or those to which the law punishes with penalties which in their maximum period was correccional; and 3. light felonies or those infractions of law for the commission of which the penalty is arresto menor. It is necessary to determine whether the crime is grave, less grave or light to determine whether these felonies can be complexed or not, and to determine the prescription of the crime and the prescription of the penalty. In other words, these are felonies classified according to their gravity,stages and the penalty attached to them. Take note that when the Revised Penal Code speaks of grave and less grave felonies, the definition makes a reference specifically to Article 25 of the Revised Penal Code. Do not omit the phrase In accordance with Article 25 because there is also a classification of penalties under Article 26 that was not applied. If the penalty is fine and exactly P200.00, it is only considered a light felony under Article 9. If the fine is imposed as an alternative penalty or as a single penalty, the fine of P200.00 is considered a correctional penalty under Article 26. If the penalty is exactly P200.00, apply Article 26. It is considered as correctional penalty and it prescribes in 10 years. If the offender is apprehended at any time within ten years, he can be made to suffer the fine. This classification of felony according to gravity is important with respect to the question of prescription of crimes. In the case of light felonies, crimes prescribe in two months. After two months, the state loses the right to prosecute unless the running period is suspended. If the offender escapes while in detention after he has been loose,, if there was already judgment that was passed, it can be promulgated even if absent under the New Rules on Criminal Procedure. If the crime is correctional, it prescribes in ten years, except arresto mayor, which prescribes in five years. b. Elements of Criminal Liability

c. Impossible Crime d. Stages of Execution

e. Conspiracy and Proposal f. Multiple Offenders (differences, rules, effects) (1) Recidivism (2) Habituality (Reiteracion) (3) Quasi-Recidivism (4) Habitual Deliquency g. Complex Crimes vis Special Complex Crimes 3. Circumstances which Affect Criminal Liability a. Decree Codifying the Laws on Illegal / Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition, of Firearms, Ammunition or Explosives (P.D. 1866, as amended by R.A. 8294) as an aggravating circumstance b. The Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165 (1) As a qualifying aggravating circumstance (2) Immunity from prosecution and punishment, coverage (3) Minor offenders (4) Application / Non application of RPC provisions (Sec. 98, R.A. 9165) cf. Art. 10, RPC c. Juvenile Justice and Welfare Act of 2006 (R.A. 9344); also refer to Child and Youth Welfare Code (P.D. 603, as amended) (1) Definition of child in conflict with the law (2) Minimum age of criminal responsibility (3) Determination of age (4) Exemption from criminal liability d. Anti-Violence against Women and their Children Act of 2004 (R.A. 9262)-Battered woman syndrome 4. Persons Criminally Liable a. Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders (P.D. 1829) (1) Punishable acts (2) Compare with Article 20, RPC (accessories exempt from criminal liability) 5. Penalties a. General Principles - Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A. 9346) b. Purposes

c. Classification d. Duration and Effect e. Application (1) Indeterminate Sentence Law (R.A. 4103, as amended) (a) Application on the imposed sentence (b) Coverage (c) Conditions of parole f. Execution and Service (1) Probation Law (P.D. 968, as amended) (a) Definition of terms (b) Purpose (c) Grant of probation, manner and conditions (d) Criteria of placing an offender on probation (e) Disqualified offenders (f) Period of probation (g) Arrest of probationer (h) Termination of probation; exception -The Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165) (2) Juvenile Justice and Welfare Act of 2006 (R.A. 9344); also refer to Child and Youth Welfare Code (P.D. 603, as amended) (a) Definition of child in conflict with the law (b) Exemption from criminal liability (c) Juvenile justice and welfare system 6. Modification and Extinction of Criminal Liability a. Prescription of crimes b. Prescription of penalties B. Book II (Articles 114-365), including related Special Laws 1. Crimes Against National Security (114-123); in addition: a. Anti-Piracy and Anti- Highway Robbery (P.D.532) (1) Definition of terms (2) Punishable acts

b. Anti-Hijacking Law (PD 6235) (1) Punishable acts c. Human Security Act of 2007(R.A. 9372) (1) Punishable acts of terrorism (2) Who are liable 2. Crimes Against the Fundamental Laws of the State (124-133); in addition: a. Human Security Act of 2007 (R.A. 9372) (1) Period of detention b. Anti-Torture Act (R.A. 9745) (1) Punishable acts (2) Who are liable 3. Crimes Against Public Order (134-159); in addition: a. -Decree Codifying the Laws on Illegal / Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition, of Firearms, Ammunition or Explosives (P.D. 1866, as amended by R.A. 8294) as an element of the crimes of rebellion, insurrection, sedition, or attempted coup detat b. Human Security Act of 2007 (R.A. 9372) (1) Punishable acts of terrorism (2) Who are liable (3) Absorption principle in relation to complex crimes 4. Crimes Against Public Interest (161-187); in addition: a. The New Public Bidding Law (R.A. 9184) (1) Prohibited acts b. Anti-Alias Law (C.A. 142) (1) Punishable acts (2) Exception 5. Crimes Relative to Opium and other Prohibited Drugs a. The Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165) (1) Punishable acts (2) Attempt or conspiracy, effect on liability 6. Crimes Against Public Morals (200-202) 7. Crimes Committed by Public Officers (203-245); in addition:

a. Anti-Graft and Corrupt Practices Act (R.A. 3019,as amended) (1) Coverage (2) Punishable acts (3) Exceptions b. Anti-Plunder Act (R.A. 7080, as amended) (1) Definition of terms (2) Ill-gotten wealth (3) Plunder (4) Series / Combination (5) Pattern c. Human Security Act of 2007 (R.A. 9372) (1) Failure to deliver suspect to proper judicial authority (2) Infidelity in the custody of detained persons (3) False prosecution 8. Crimes Against Persons (246-266); in addition: a. Anti-Violence against Women and their Children Act of 2004 (R.A. 9262) (1) Punishable acts b. Anti-Child Pornography Law (R.A. 9775) (1) Definition of terms (2) Unlawful or punishable acts c. Anti-Hazing Law (R.A. 8049) (1) Hazing (a) Definition (b) Allowed initiation rites (2) Who are liable (3) Punishable acts d. Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act (R.A. 7610, as amended) (1) Coverage (2) Child prostitution, punishable acts (3) Child trafficking, punishable acts

e. Juvenile Justice and Welfare Act of 2006 (R.A. 9344); also refer to Child and Youth Welfare Code (P.D. 603, as amended) (1) Punishable acts f. Human Security Act of 2007 (R.A. 9372) (1) Punishable acts of terrorism (2) Who are liable 9. Crimes Against Personal Liberty and Security (267-292); in addition: a. Anti-Wire Tapping Act (R.A. 4200) (1) Punishable acts (2) Exceptions b. Human Security Act of 2007 (R.A. 9372) (1) Surveillance of suspects and interception and recording of communications (2) Restriction on travel (3) Examination of bank deposits and documents (a) Judicial Authorization (b) Application (4) Unauthorized revelation of classified materials c. Anti-Trafficking in Persons Act of 2003 (R.A. 9208) (1) Punishable acts 10. Crimes Against Property (293-332); in addition: a. Anti-Fencing Law (P.D. No. 1612) and its Implementing Rules and Regulations (1) Fencing (a) Definition (b) Presumption of fencing (2) Exception (a) With clearance or permit to sell b. Bouncing Checks Law (B.P. Blg. 22) plus Administrative Circular No. 12-2000 Re: Penalty for Violation of B.P. 22 and Administrative Circular No. 13-2001 Re: Clarification of Admin Circular No. 12-2000 (1) Punishable acts (2) Evidence of knowledge of insufficient funds

(3) Preference of imposition of fine c. Anti-Carnapping Act of 1972 (R.A. 6539) (1) Definition of terms (2) Registration (3) Who are liable (a) Duty of collector of customs (b) Duty of importers, distributors and sellers (c) Clearance and permit (4) Punishable acts d. Human Security Act of 2007 (R.A. 9372) (1) Punishable acts of terrorism e. Anti-Arson Law (P.D.1613) (1) Punishable acts 11. Crimes Against Chastity (333-334, 336-346); in addition: a. Anti-Photo and Video Voyeurism Act of 2009 (R.A. 9995) (1) Punishable acts b. Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act (R.A. 7610, as amended) (1) Child prostitution and other acts of abuse (a) Punishable acts (b) Compare prosecution for Acts of Lasciviousness under Art. 366, RPC and RA 7610, as amended (2) Obscene Publications and indecent shows (a) Punishable acts c. Anti-Trafficking in Persons Act of 2003 (R.A. 9208) (1) Punishable acts d. Anti-Violence against Women and their Children Act of 2004 (R.A. 9262) (1) Punishable acts e. Anti-Sexual Harassment Act of 1995 (R.A. 7877) (1) Punishable acts 12. Crimes Against Civil Status (347-352)lawphil.net

13. Crimes Against Honor (353-364); in addition: a. Administrative Circular 08-2008 Re: Guidelines in the Observance of a Rule of Preference in the Imposition of Penalties in Libel Cases (1) Preference of imposition of fine 14. Criminal Negligence (365) II. Jurisprudence Pertinent Supreme Court decisions promulgated up to June 30, 2010 III. Excluded Topics 1. All Special Penal Laws and Supreme Court Decisions not pertinent to the above outlined topics are excluded. 2. Penalties of Specific Crimes. IMPORTANT NOTE: This bar coverage description is not intended and should not be used by law schools as a syllabus or course outline in the covered subjects. It has been drawn up for the limited purpose of ensuring that candidates reviewing for the bar examinations are guided on what basic and minimum amounts of laws, doctrines, and principles they need to know and be able to use correctly before they can be licensed to practice law. More is required for excellent and distinguished work as members of the Bar.