2024 CRIMINAL LAW

BAR EXAM SYLLABUS

I. FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW

A. Schools of Thought
1. Classical Theory
2. Positivist Theory
3. Eclectic or Mixed Theory
4. Utilitarian Theory

B. Construction or Interpretation of Penal Laws

1. Effects of Repeal/Amendments of Penal Laws; Repeal by Reenactment
2. Retroactive Effect of Penal Laws
3. Pro Reo Principle
4. Suppletory Application of the Revised Penal Code to Special Laws –
RPC, art. 10

C. Mala in se and mala prohibita

D. Principles of Generality, Territoriality and Prospectivity

E. Constitutional Limitations on the Power of Congress to Enact Penal Laws

1. Equal Protection
2. Due Process
3. Bill of Attainder
4. Ex post facto Law
5. Cruel and Unusual Punishment; Excessive Fine

II. REVISED PENAL CODE – BOOK ONE

A. Felonies (Article 3)

1. Criminal Liability – Article 4(1)

a. Actus reus and mens rea; Objective and Subjective Elements
b. Aberratio ictus, error in personae, and praeter intentionem
c. Proximate Cause and Efficient Intervening Cause

2. Impossible Crime – Article 4(2)

3. Gravity of Felonies: Grave, Less Grave, and Light – Article 9, as amended by R.A. No.
10951
4. Stages of Execution – Article 6
a. Subjective Phase and Objective Phase
b. Preparatory and Overt Acts
c. Attempted, Frustrated, and Consummated Stages
d. Spontaneous Desistance

5. Duty of the Courts in Case of Non-Punishable Act and Excessive Penalty – Article 5

6. Suppletory Application of the Revised Penal Code – Article 10

B. Circumstances Affecting Criminal Liability

1. Justifying Circumstances – Article 11
2. Exempting Circumstances – Article 12
3. Mitigating Circumstances – Article 13
4. Aggravating Circumstances – Article 14
5. Alternative Circumstances – Article 15
6. Absolutory Causes

C. Persons Criminally Liable and Degree of Participation

1. Principals, Accomplices, and Accessories – Articles 16-20

2. Conspiracy and Proposal – Article 8

a. As a mode of incurring criminal liability
b. As a crime

3. Liability for Multiple Commission of Crimes

a. Recidivism – Article 14(9)

b. Habituality – Article 14(10)
c. Quasi-recidivism – Article 160
d. Habitual delinquency –Article 62(5)

D. Plurality of Crimes (Real and Ideal)

1. Absorption System
2. Single Impulse Rule
3. Complex Crime – Article 48
4. Special Complex Crime
5. Continuous/Continued Crime
6. Continuing Crime

E. Penalties
1. Nullum crimen, nulla poena sine lege – Article 21
2. Philosophical Theories

3. Classification of Penalties – Articles 25-26, as amended by R.A. No. 10951

4. Duration and Effects of Penalties – Article 27

5. Application and Graduation of Penalties – Articles 46, 50-57, 61-65 and 76-77

6. Accessory Penalties – Article 25

7. Preventive Imprisonment – Article 29, as amended by R.A. No. 10592

8. Subsidiary Penalty – Article 39, as amended by R.A. No. 10159, sec. 1

9. Community Service – Article 88a, as inserted by R.A. No. 11362, sec. 3; A.M. No. 20-
06-14-SC

10. Release on Recognizance – R.A. No. 10389

11. Successive Service of Sentence – Article 70

12. Three-Fold Rule – Article 70

13. Indeterminate Sentence Law – Act No. 4103, as amended by Act No. 4225 and R.A.
No. 4203, secs. 1-2

14. Anti-Death Penalty Law – R.A. No. 9346, secs. 1-3

15. Pecuniary Liabilities – Article 38

(Note: The specific penalty for each crime is not included. The questions will provide
the prescribed penalties in problems involving application and graduation of penalties.)

F. Extinction of Criminal Liability

1. Total Extinction

a. Death of Convict
b. Service of Sentence
c. Amnesty
d. Absolute Pardon
e. Prescription of Crimes –
Article 90;
See Periods of Prescription for Violations Penalized by Special Acts – Act No. 3326, secs.
1-2

f. Prescription of Penalties – Article 91

g. Marriage between the Offender and the Offended Party –

Articles 266-C and 344

h. Probation – P.D. No. 968, as amended by R.A. No. 10707, secs. 4, 9 and 16

2. Partial Extinction – Article 94, as amended by R.A. No. 10592, secs. 2-5

a. Conditional Pardon – Article 95; Act No. 1524

b. Commutation of Sentence – Article 96
c. Good Conduct Allowances – Article 97, as amended by R.A. No. 10592, sec. 3
d. Parole – Act No. 4103, sec. 5

G. Civil Liability Ex-Delicto

1. Primary and Subsidiary
2. Restitution, Reparation, and Indemnification – Articles 104-108
3. Civil Liability of an Offender Exempted from Criminal Liability –
Article 101
4. Share of Each Person Civilly Liable for a Felony – Article 109
5. Preference in Payment – Article 110
6. Persons Who Participated Gratuitously – Article 111
7. Extinction and Survival of Civil Liability Ex-Delicto – Articles 112-113

III. REVISED PENAL CODE – BOOK TWO

A. Title One - Crimes Against National Security and the Law of Nations (Articles 114-
123)

1. Anti-Terrorism Act – R.A. No. 11479, secs. 3-12, 25, 26, 29 and 36
2. Terrorism Financing Prevention and Suppression Act – R.A. No. 10168, secs. 4-9, 17
and 19
3. Anti-Piracy and Anti-Highway Robbery Law – P.D. No. 532, secs. 2-4
4. Philippine Act on Crimes Against International Humanitarian Law, Genocide and
Other Crimes Against Humanity – R.A. No. 9851, secs. 3- 6, 10-12 and 17

B. Title Two - Crimes against the Fundamental Law of the State (Articles 124-133)

C. Title Three - Crimes against Public Order (Articles 134-160)

D. Title Four - Crimes against Public Interest (Articles 161-187)
E. Title Six - Crimes against Public Morals (Articles 200-201)

F. Title Seven - Crimes Committed by Public Officers (Articles 203-245)

1. Anti-Graft and Corrupt Practices Act – R.A. No. 3019, as amended by B.P. Blg. 195
and R.A. No. 10910, secs. 2-6, 9 and 11

2. Anti-Plunder Act – R.A. No. 7080, as amended by R.A. No. 7659

a. Definition of Terms – Section 1
b. Definition of the Crime of Plunder – Section 2
c. Series and Combination
d. Pattern
e. Wheel and Chain Conspiracy

G. Title Eight - Crimes Against Persons (Articles 246-266-D)

1. Anti-Hazing Act of 2018 – R.A. No. 8049, as amended by R.A. No. 11053, secs. 2-3, 12
and 14

H. Title Nine - Crimes against Personal Liberty and Security (Articles 267-292)

I. Title Ten - Crimes against Property (Articles 293-332)

1. Anti-Fencing Law of 1979 – P.D. No. 1612, secs. 2 and 5-6

2. Bouncing Checks Law – B.P. Blg. 22, secs. 1-3 and 5; A.C. No. 12-2000; A.C. No. 13-
2001

3. New Anti-Carnapping Act of 2016 – R.A. No. 10883, secs. 2(e), 3 and 4

4. Motorcycle Crime Prevention Act – R.A. No. 11235, secs. 4, 7, 9 and 11-13

5. Law on Arson – P.D. No. 1613, secs. 1-7

J. Title Eleven - Crimes against Chastity (Articles 333-346)

K. Title Twelve - Crimes against the Civil Status of Persons (Articles 347-352)

L. Title Thirteen - Crimes against Honor (Articles 353-364)

- Guidelines for the Imposition of Penalties in Libel Cases – A.C. No. 08- 2008

M. Title Fourteen - Quasi-Offenses (Article 365)

IV. SPECIAL PENAL LAWS

A. Comprehensive Firearms and Ammunition Regulation Act

(R.A. No. 10591, secs. 3 and 28-41)

B. Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child

Sexual Abuse or Exploitation Materials (CSAEM) Act (R.A. No. 11930, secs. 3-8, 11-13,
14, 20, 22 and 25)

C. Anti-Photo and Video Voyeurism Act of 2009 (R.A. No. 9995, secs. 3-7)

D. Anti-Trafficking in Persons Act of 2003 (R.A. No. 9208, as amended by R.A. Nos.
10364 and 11862, secs. 4-6)

E. Anti-Violence Against Women and their Children Act of 2004 (R.A. No. 9262, secs. 3,
5, 8-16 and 24-27)

F. Comprehensive Dangerous Drugs Act of 2002

(R.A. No. 9165, as amended by R.A. No. 10640, secs. 4, 5, 6, 11-15, 21, 23-27, 29, 66, 68
and 98; A.M. 18-03-16- SC; IRR of R.A. No. 9165, sec. 21)

G. Cybercrime Prevention Act of 2012

(R.A. No. 10175, secs. 4-7)

CHAPTER II
PUNISHABLE ACTS

SEC. 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime
punishable under this Act:

(a) Offenses against the confidentiality, integrity and availability of computer data and systems:

(1) Illegal Access. – The access to the whole or any part of a computer system without right.

(2) Illegal Interception. – The interception made by technical means without right of any non-
public transmission of computer data to, from, or within a computer system including
electromagnetic emissions from a computer system carrying such computer data.

(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or

deterioration of computer data, electronic document, or electronic data message, without right,
including the introduction or transmission of viruses.
(4) System Interference. — The intentional alteration or reckless hindering or interference with
the functioning of a computer or computer network by inputting, transmitting, damaging,
deleting, deteriorating, altering or suppressing computer data or program, electronic document,
or electronic data message, without right or authority, including the introduction or transmission
of viruses.

(5) Misuse of Devices.

(i) The use, production, sale, procurement, importation, distribution, or otherwise making
available, without right, of:

(aa) A device, including a computer program, designed or adapted primarily for the purpose of
committing any of the offenses under this Act; or

(bb) A computer password, access code, or similar data by which the whole or any part of a
computer system is capable of being accessed with intent that it be used for the purpose of
committing any of the offenses under this Act.

(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use
said devices for the purpose of committing any of the offenses under this section.

(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to profit,
mislead, destroy reputation, and deprive others from registering the same, if such a domain name
is:

(i) Similar, identical, or confusingly similar to an existing trademark registered with the
appropriate government agency at the time of the domain name registration:

(ii) Identical or in any way similar with the name of a person other than the registrant, in case of
a personal name; and

(iii) Acquired without right or with intellectual property interests in it.

(b) Computer-related Offenses:

(1) Computer-related Forgery. —

(i) The input, alteration, or deletion of any computer data without right resulting in inauthentic
data with the intent that it be considered or acted upon for legal purposes as if it were authentic,
regardless whether or not the data is directly readable and intelligible; or

(ii) The act of knowingly using computer data which is the product of computer-related forgery
as defined herein, for the purpose of perpetuating a fraudulent or dishonest design.

(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer data
or program or interference in the functioning of a computer system, causing damage thereby with
fraudulent intent: Provided, That if no damage has yet been caused, the penalty imposable shall
be one (1) degree lower.

(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying information belonging to another, whether
natural or juridical, without right: Provided, That if no damage has yet been caused, the penalty
imposable shall be one (1) degree lower.

(c) Content-related Offenses:

(1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or

indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a
computer system, for favor or consideration.

(2) Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic
Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer
system: Provided, That the penalty to be imposed shall be (1) one degree higher than that
provided for in Republic Act No. 9775.

(3) Unsolicited Commercial Communications. — The transmission of commercial electronic

communication with the use of computer system which seek to advertise, sell, or offer for sale
products and services are prohibited unless:

(i) There is prior affirmative consent from the recipient; or

(ii) The primary intent of the communication is for service and/or administrative announcements
from the sender to its existing users, subscribers or customers; or

(iii) The following conditions are present:

(aa) The commercial electronic communication contains a simple, valid, and reliable way for the
recipient to reject. receipt of further commercial electronic messages (opt-out) from the same
source;

(bb) The commercial electronic communication does not purposely disguise the source of the
electronic message; and

(cc) The commercial electronic communication does not purposely include misleading
information in any part of the message in order to induce the recipients to read the message.

(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised
Penal Code, as amended, committed through a computer system or any other similar means
which may be devised in the future.

SEC. 5. Other Offenses. — The following acts shall also constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or
aids in the commission of any of the offenses enumerated in this Act shall be held liable.

(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit
any of the offenses enumerated in this Act shall be held liable.

SEC. 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special
laws, if committed by, through and with the use of information and communications
technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty
to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code,
as amended, and special laws, as the case may be.

SEC. 7. Liability under Other Laws. — A prosecution under this Act shall be without prejudice
to any liability for violation of any provision of the Revised Penal Code, as amended, or special
laws.

H. Special Protection of Children Against Abuse, Exploitation, and Discrimination Act

(R.A. No. 7610, as amended by R.A. Nos. 9231 and 11648, secs. 3, 5, 6, 10, 12 and 16)

I. Safe Spaces Act

(R.A. No. 11313, secs. 3-7 and 11)

Section 3. Definition of Terms. -As used in this Act:

(a) Catcalling refers to unwanted remarks directed towards a person, commonly done in the
form of wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs;

(b) Employee refers to a person, who in exchange for remuneration, agrees to perform
specified services for another person, whether natural or juridical, and whether private or
public, who exercises fundamental control over the work, regardless of the term or duration
of agreement: Provided, That for the purposes of this law, a person who is detailed to an
entity under a subcontracting or secondment agreement shall be considered an employee;

(c) Employer refers to a person who exercises control over an employee: Provided, That for
the purpose of this Act, the status or conditions of the latter’s employment or engagement
shall be disregarded;

(d) Gender refers to a set of socially ascribed characteristics, norms, roles, attitudes, values
and expectations identifying the social behavior of men and women, and the relations
between them;

(e) Gender-based online sexual harassment refers to an online conduct targeted at a

particular person that causes or likely to cause another mental, emotional or psychological
distress, and fear of personal safety, sexual harassment acts including unwanted sexual
remarks and comments, threats, uploading or sharing of one’s photos without consent, video
and audio recordings, cyberstalking and online identity theft;
 (f) Gender identity and/or expression refers to the personal sense of identity as
characterized, among others, by manner of clothing, inclinations, and behavior in relation to
masculine or feminine conventions. A person may have a male or female identity with
physiological characteristics of the opposite sex in which case this person is considered
transgender:

(g) Public spaces refer to streets and alleys, public parks, schools, buildings, malls, bars,
restaurants, transportation terminals, public markets, spaces used as evacuation centers,
government offices, public utility vehicles as well as private vehicles covered by app-based
transport network services and other recreational spaces such as, but not limited to, cinema
halls, theaters and spas; and

(h) Stalking refers to conduct directed at a person involving the repeated visual or physical
proximity, non-consensual communication, or a combination thereof that cause or will likely
cause a person to fear for one’s own safety or the safety of others, or to suffer emotional
distress.

ARTICLE I
GENDER-BASED STREETS AND PUBLIC SPACES

SEXUAL HARASSMENT

Section 4. Gender-Based Streets and Public Spaces Sexual Harassment. -The crimes of gender-
based streets and public spaces sexual harassment are committed through any unwanted and
uninvited sexual actions or remarks against any person regardless of the motive for committing such
action or remarks.

Gender-based streets and public spaces sexual harassment includes catcalling, wolf-whistling,
unwanted invitations, misogynistic, transphobic, homophobic and sexist slurs, persistent uninvited
comments or gestures on a person’s appearance, relentless requests for personal details, statement
of sexual comments and suggestions, public masturbation or flashing of private parts, groping, or
any advances, whether verbal or physical, that is unwanted and has threatened one’s sense of
personal space and physical safety, and committed in public spaces such as alleys, roads,
sidewalks and parks. Acts constitutive of gender-based streets and public spaces sexual
harassment are those performed in buildings, schools, churches, restaurants, malls, public
washrooms, bars, internet shops, public markets, transportation terminals or public utility vehicles.

Section 5. Gender-Based Sexual Harassment in Restaurants and Cafes, Bars and Clubs, Resorts
and Water Parks, Hotels and Casinos, Cinemas, Malls, Buildings and Other Privately-Owned Places
Open to the Public. -Restaurants, bars, cinemas, malls, buildings and other privately-owned places
open to the public shall adopt a zero-tolerance policy against gender-based streets and public
spaces sexual harassment. These establishments are obliged to provide assistance to victims of
gender-based sexual harassment by coordinating with local police authorities immediately after
gender-based sexual harassment is reported, making CCTV footage available when ordered by the
court, and providing a safe gender-sensitive environment to encourage victims to report gender-
based sexual harassment at the first instance.

All restaurants, bars, cinemas and other places of recreation shall install in their business
establishments clearly-visible warning signs against gender-based public spaces sexual
harassment, including the anti-sexual harassment hotline number in bold letters, and shall designate
at least one (1) anti-sexual harassment officer to receive gender-based sexual harassment
complaints. Security guards in these places may be deputized to apprehend perpetrators caught
in flagrante delicto and are required to immediately coordinate with local authorities.

Section 6. Gender-Based Sexual Harassment in Public Utility Vehicles. -In addition to the penalties
in this Act, the Land Transportation Office (LTO) may cancel the license of perpetrators found to
have committed acts constituting sexual harassment in public utility vehicles, and the Land
Transportation Franchising and Regulatory Board (LTFRB) may suspend or revoke the franchise of
transportation operators who commit gender-based streets and public spaces sexual harassment
acts. Gender-based sexual harassment in public utility vehicles (PUVs) where the perpetrator is the
driver of the vehicle shall also constitute a breach of contract of carriage, for the purpose of creating
a presumption of negligence on the part of the owner or operator of the vehicle in the selection and
supervision of employees and rendering the owner or operator solidarity liable for the offenses of the
employee.

Section 7. Gender-Based Sexual Harassment in Streets and Public Spaces Committed by Minors. -
In case the offense is committed by a minor, the Department of Social Welfare and Development
(DSWD) shall take necessary disciplinary measures as provided for under Republic Act No. 9344,
otherwise known as the "Juvenile Justice and Welfare Act of 2006".

Section 11. Specific Acts and Penalties for Gender-Based Sexual Harassment in Streets and Public
Spaces. -The following acts are unlawful and shall be penalized as follows:

(a) For acts such as cursing, wolf-whistling, catcalling, leering and intrusive gazing, taunting,
pursing, unwanted invitations, misogynistic, transphobic, homophobic, and sexist slurs,
persistent unwanted comments on one’s appearance, relentless requests for one’s personal
details such as name, contact and social media details or destination, the use of words,
gestures or actions that ridicule on the basis of sex, gender or sexual orientation, identity
and/or expression including sexist, homophobic, and transphobic statements and slurs, the
persistent telling of sexual jokes, use of sexual names, comments and demands, and any
statement that has made an invasion on a person’s personal space or threatens the person’s
sense of personal safety –

(1) The first offense shall be punished by a fine of One thousand pesos (₱1,000.00)
and community service of twelve (12) hours inclusive of attendance to a Gender
Sensitivity Seminar to be conducted by the PNP in coordination with the LGU and the
PCW;

(2) The second offense shall be punished by arresto menor (6 to 10 days) or a fine of
Three thousand pesos (₱3,000.00);

(3) The third offense shall be punished by arresto menor (11 to 30 days) and a fine of
Ten thousand pesos (₱10,000.00).

(b) For acts such as making offensive body gestures at someone, and exposing private parts
for the sexual gratification of the perpetrator with the effect of demeaning, harassing,
threatening or intimidating the offended party including flashing of private parts, public
masturbation, groping, and similar lewd sexual actions –

(1) The first offense shall he punished by a fine of Ten thousand pesos (₱10,000.00)
and community service of twelve (12) hours inclusive of attendance to a Gender
Sensitivity Seminar, to be conducted by the PNP in coordination with the LGU and
the PCW;
 (2) The second offense shall be punished by arresto menor (11 to 30 days) or a fine
of Fifteen thousand pesos (₱15,000.00);

(3) The third offense shall be punished by arresto mayor (1 month and 1 day to 6
months) and a fine of Twenty thousand pesos (₱20,000.00).

(c) For acts such as stalking, and any of the acts mentioned in Section 11 paragraphs (a)
and (b), when accompanied by touching, pinching or brushing against the body of the
offended person; or any touching, pinching, or brushing against the genitalia, face, arms,
anus, groin, breasts, inner thighs, face, buttocks or any part of the victim’s body even when
not accompanied by acts mentioned in Section 11 paragraphs (a) and (b) –

(1) The first offense shall be punished by arresto menor (11 to 30 days) or a line of
Thirty thousand pesos (₱30,000.00), provided that it includes attendance in a Gender
Sensitivity Seminar, to be conducted by the PNP in coordination with the LGU and
the PCW;

(2) The second offense shall be punished by arresto mayor (1 month and 1 day to 6
months) or a fine of Fifty thousand pesos (₱50,000.00);

(3) The third offense shall be punished by arresto mayor in its maximum period or a
fine of One hundred thousand pesos (₱100,000.00).

J. An Act Providing for Stronger Protection Against Rape and Sexual Exploitation and
Abuse, Increasing the Age for Determining the Commission of Statutory Rape (R.A. No.
11648, secs. 1-3)

K. Juvenile Justice and Welfare Act (R.A. No. 9344, as amended by R.A. No. 10630, secs.
4, 6-7, 20 and 38)

V. PRACTICAL EXERCISES

Preparation of criminal complaint and/or information

NOTE: All Bar candidates should be guided that only laws, rules, issuances, and
jurisprudence pertinent to the topics in this syllabus as of June 30, 2023 are within the
coverage of the 2024 Bar Examinations.