Criminal Law Review Syllabus 2020
Criminal Law Review Syllabus 2020
COLLEGE OF LAW
Baguio City
Teaching Modular and online discussion shall be the basic tool for learning.
Methods Using the Course Outline as a guide, the student is expected to
and read all the assigned materials, and during online discussion,
Resources come to class prepared to participate in the discussion. The
Professor will call students to recite, although voluntary recitation –
comments and (intelligent) questions – is encouraged and will, if
deserved, be credited.
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core materials shall be the Revised Penal Code and the assigned
cases and special laws, supplemented by annotations on the
Revised Penal Code by either Justice Luis B. Reyes (The Revised
Penal Code, Book I and II (2017) or Judge Marlo Campanilla
(Criminal Law Review Book I and II (2019). Other books intended
for bar review are encouraged especially the Answers to Bar
Exam Questions published by the UP Law Center. Summarized
review materials meant for the Bar Operations are discouraged.
Guidelines for The basic rule in the online discussion is simple – observe courtesy
Online at all times, both towards your teacher and your classmates.
Discussion
Decorum
Among others, this means:
Coming to class on time and prepared;
Listening while others are speaking;
Not sleeping in online class; and,
Turning off (or putting to silent) your cellular phone.
Attendance will be checked. If a student is absent and called
for recitation, a recitation grade of 5.0 will be given. A student
who is absent for more than three (3) times will be dropped from
the course.
COURSE SYLLABUS
BOOK I
A. DEFINITION
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B. CONSTRUCTION/INTERPRETATION OF CRIMINAL STATUTES
1. Generality
2. Territoriality
3. Prospectivity
Effect of repeal or amendment of penal law
II. FELONIES
A. CLASIFICATION OF FELONIES
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b. Constructive Intent (Culpa)
c. Transferred Intent
1. Recidivism
2. Habituality (Reiteracion)
3. Quasi-Recidivism
4. Habitual Delinquency
5. Continuing Crimes
6. Complex Crimes and Special Complex Crimes
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g. Treatment of Child Below Age of Responsibility
h. Status Offenses under Sec. 57 of R.A. No. 9344
i. Offenses Not Applicable to Children Under
Sec. 58 of R.A. No. 9344
3. ACCIDENT
4. IRRESISTIBLE FORCE/UNCONTROLLABLE FEAR
5. INSUPERABLE OR LAWFUL CAUSE
1. INCOMPLETE JUSTIFICATION/EXEMPTION
2. UNDER 18 OR OVER 70 YEARS OF AGE
3. NO INTENTION TO COMMIT SO GRAVE A WRONG
4. SUFFICIENT PROVOCATION OR THREAT
5. IMMEDIATE VINDICATION OF A GRAVE OFFENSE
6. PASSION OR OBFUSCATION
7. VOLUNTARY SURRENDER
8. PLEA OF GUILT
9. PHYSICAL DEFECTS AND ILLNESS
10. OTHER RELATED CIRCUMSTANCES
D. AGGRAVATING CIRCUMSTANCES
1. GENERIC
2. QUALIFYING
1. RELATIONSHIP
2. INTOXICATION
3. DEGREE OF INSTRUCTION AND EDUCATION
F. OTHER EXCULPATORY CAUSES
1. INSTIGATION
2. PARDON
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3. ABSOLUTORY CAUSES
4. ACTS NOT COVERED BY LAW AND IN CASE OF EXCESSIVE
PUNISHMENT
PENALTIES
A. P URPOSE OF P ENALTIES
B. CLASSIFICATION
Principal Penalties
1. Death/Capital Punishment
Different from Life Imprisonment
2. Afflictive Penalties (Articles 27, 41-42)
Accessory Penalties
D. APPLICATION
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(b) Coverage
(c) Conditions of parole
2. Three-Fold Rule
BOOK II
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Title One
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF
NATIONS
I. Chapter One
CRIMES AGAINST NATIONAL SECURITY
SECTION ONE — TREASON AND ESPIONAGE
Title Two
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
Chapter One
ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING
PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL
MEETINGS AND CRIMES AGAINST RELIGIOUS WORSHIP
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I. SECTION ONE — ARBITRARY DETENTION AND EXPULSION
Title Three
CRIMES AGAINST PUBLIC ORDER
Chapter One
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B. REPUBLIC ACT NO. 6968 (AN ACT PUNISHING THE CRIME OF COUP
D'ÉTAT BY AMENDING ARTICLES 134, 135 AND 136 OF CHAPTER
ONE, TITLE THREE OF Act No. 38015)
Chapter Two
CRIMES AGAINST POPULAR REPRESENTATION
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Chapter Three
ILLEGAL ASSEMBLIES AND ASSOCIATIONS
Chapter Four
ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO, PERSONS
IN AUTHORITY AND THEIR AGENTS
Chapter Five
PUBLIC DISORDERS
Chapter Six
EVASION OF SERVICE OF SENTENCE
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B. ART. 158- EVASION OF SENTENCE ON THE OCCASION OF DISORDERS,
CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES
See Republic Act 10592
Chapter Seven
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY
IMPOSED FOR ANOTHER PREVIOUS OFFENSE
Title Four
CRIMES AGAINST PUBLIC INTEREST
Chapter One
FORGERIES
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III. SECTION THREE — FORGING TREASURY OR BANK NOTES,
OBLIGATIONS AND SECURITIES; IMPORTING AND UTTERING FALSE OR
FORGED NOTES, OBLIGATIONS AND SECURITIES
CLASSIFICATION OF DOCUMENTS
Importance of Classification
Chapter Two
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OTHER FALSIFICATIONS
Chapter Three
CRIMES CLASSIFIED AS FRAUDS
(ARTS. 185-189)
Punishable Acts
Covered Transactions
Suspicious Transactions
Title Five
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CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED
DRUGS
Title Six
CRIMES AGAINST PUBLIC MORALS
I. Chapter One
GAMBLING AND BETTING
A. Republic Act No. 9287, April 2, 2004 (AN ACT INCREASING THE
PENALTIES FOR ILLEGAL NUMBERS GAMES, AMENDING CERTAIN
PROVISIONS OF PRESIDENTIAL DECREE NO. 1602, AND FOR
OTHER PURPOSES)
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ART. 202- VAGRANTS & PROSTITUTES
Republic Act No. 9208, May 26, 2003 (AN ACT TO INSTITUTE
POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY
WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND
SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR
ITS VIOLATIONS, AND FOR OTHER OFFENSES)
Title Seven
CRIMES COMMITTED BY PUBLIC OFFICERS
Chapter One
PRELIMINARY PROVISIONS
Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICE
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A. ART. 210- DIRECT BRIBERY
QUALIFIED BRIBERY
Chapter Three
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS
Chapter Four
CRIMES CALLED MALVERSATION OF PUBLIC FUNDS OR PROPERTY
(ARTS. 217-221)
COMMON ELEMENTS
When can malversation be committed by private individuals
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Malversation as distinguished from estafa
Technical Malversation
Distinction of Malversation from Illegal Use
Chapter Five
INFIDELITY OF PUBLIC OFFICERS
Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS
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D. ART. 234-REFUSAL TO DISCHARGE ELECTIVE OFFICE
E. ART. 235-MALTREATMENT OF PRISONERS
Title Eight
CRIMES AGAINST PERSONS
Chapter One
DESTRUCTION OF LIFE
A. ART. 246-PARRICIDE
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CIRCUMSTANCES
C. ART. 248-MURDER
D. ART. 249-HOMICIDE
E. ART. 250-PENALTY FOR FRUSTRATED PARRICIDE, MURDER, HOMICIDE
F. ART. 251- DEATH CAUSED IN A TUMULTUOUS AFFRAY
G. ART. 252-PHYSICAL INJURIES IN A TUMULTUOUS AFFRAY
H. ART. 253-GIVING ASSISTANCE TO SUICIDE
Coverage
Child prostitution, punishable acts
Child trafficking, punishable acts
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F. ART. 259-ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE
AND DISPENSING OF ABORTIVES
Chapter Two
PHYSICAL INJURIES
A. ART. 262-MUTILATION
B. ART. 263-SERIOUS PHYSICAL INJURIES
Requisites of DEFORMITY
QUALIFYING CIRCUMSTANCES
C. ART. 264- ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES
D. ART. 265-LESS SERIOUS PHYSICAL INJURIES
QUALIFIED LESS SERIOUS PHYSICAL INJURIES
E. ART. 266-SLIGHT PHYSICAL INJURIES
Classification of Rape
Traditional - under Art 335
Sexual Assault - RA 8353
AGGRAVATING/QUALIFYING CIRCUMSTANCES :
punishable by death
EFFECT OF PARDON
Title Nine
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
Chapter One
CRIMES AGAINST LIBERTY
(ARTS. 267-274)
I.SECTION ONE
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II. SECTION TWO — KIDNAPPING OF MINORS
Chapter Two
CRIMES AGAINST SECURITY
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SECTION THREE — THREATS AND COERCION
Chapter Three
DISCOVERY AND REVELATION OF SECRETS
Title Ten
CRIMES AGAINST PROPERTY
I. ART. 293-ROBBERY
A. CLASSIFICATION OF ROBBERY
B. Robbery with violence against, or intimidation of persons
(294,297,298)
C. Robbery by use of force upon things (299& 302)
D. ELEMENTS OF ROBBERY IN GENERAL
II. CLASS I
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UNDER CERTAIN CIRCUMSTANCES
E. ART. 298-EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR
INTIMIDATION
Chapter Two
BRIGANDAGE
Chapter Three
THEFT
Chapter Four
USURPATION
(ARTS. 312 & 313)
Chapter Five
CULPABLE INSOLVENCY
Chapter Six
SWINDLING AND OTHER DECEITS
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A. ART. 315-SWINDLING/ESTAFA
1. ELEMENTS in general
2. ESTAFA WITH UNFAITHFULNESS OR ABUSE OF CONFIDENCE
ELEMENTS OF 315, NO.1 (A)
ELEMENTS OF 315, NO.1 (B)
ELEMENTS OF 315, NO.1 (C)
3. Distinctions Between Theft and Estafa
Punishable acts
Evidence of knowledge of insufficient funds
Preference of imposition of fine
Republic Act No. 10883 entitled: “An Act
Providing for a New. Anti-Carnapping Law
of the Philippines".
Definition of terms
Registration
Who are liable
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Duty of collector of customs
Duty of importers, distributors and sellers
Clearance and permit
Punishable acts
Chapter Seven
CHATTEL MORTGAGE
Chapter Eight
ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS
Chapter Nine
MALICIOUS MISCHIEF
Chapter Ten
EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST
PROPERTY
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Title Eleven
CRIMES AGAINST CHASTITY
Chapter One
ADULTERY AND CONCUBINAGE
(ARTS 333-343)
Chapter Two
ACTS OF LASCIVIOUSNESS
Chapter Three
SEDUCTION, CORRUPTION OF MINORS AND WHITE SLAVE TRADE
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Anti-Violence Against Women and Their Children Act of
2004 (R.A. 9262)
Punishable Acts
Chapter Four
ABDUCTION
Chapter Five
PROVISIONS RELATIVE TO THE PRECEDING CHAPTERS OF TITLE
ELEVEN
1.
A. ART. 344 – PROSECUTION OF THE CRIMES OF ADULTERY,
CONCUBINAGE, SEDUCTION, ABDUCTION, RAPE AND ACTS
OF LASCIVIOUSNESS
B. ART. 345 – CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES
AGAINST CHASTITY
Title Twelve
CRIMES AGAINST THE CIVIL STATUS OF PERSONS
Chapter One
SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS
Chapter Two
ILLEGAL MARRIAGES
(ARTS 349-351)
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LAWS
C. ART. 351- PREMATURE MARRIAGES
Republic Act No. 10655 repealed Article 351 of the RPC
Title Thirteen
CRIMES AGAINST HONOR
Chapter One
LIBEL
Chapter Two
INCRIMINATORY MACHINATIONS
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AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER
PURPOSES.
Title Fourteen
QUASI-OFFENSES
Sole Chapter
CRIMINAL NEGLIGENCE
-Nothing Follows-
Romans 5:3-4
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