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CRIMINAL LAW (10%)

NOTE: This syllabus is an outline of the key topics that fall under the core
subject “Criminal Law”. Accordingly, all Bar Candidates should be guided that
only laws, rules, issuances, and jurisprudence pertinent to these topics as of
June 30, 2024 are examinable materials within the coverage of the 2025 Bar
Examinations.

I. FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW

A. Theories in Criminal Law

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

2. Retroactive Effect of Penal Laws

3. Pro Reo Principle/Rule of Lenity

C. Nullum Crimen, Nulla Poena Sine Lege

D. Mala in Se and Mala Prohibita

E. Actus Reus and Mens Rea

F. Cardinal Principles of Criminal Law

1. Generality

2. Territoriality

3. Prospectivity

G. 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

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5. Excessive Fines, Cruel, Degrading or Inhuman Punishment

II. REVISED PENAL CODE – BOOK ONE

A. Felonies

1. Criminal Liability (Article 4(1))

2. Causes Affecting Criminal Liability

a. Proximate Cause

b. Efficient Intervening Cause

3. Aberratio Ictus, Error in Personae, and Praeter Intentionem

4. Impossible Crime - Article 4(2)

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

Penalty

6. Stages of Execution

a. Subjective Phase and Objective Phase

b. Spontaneous Desistance

c. Attempted, Frustrated, and Consummated Stages

d. Overt Acts

7. Conspiracy and Proposal

8. Classification of Felonies According to Gravity: Grave, Less Grave,

and Light

9. Suppletory Application of the Revised Penal Code

B. Circumstances Affecting Criminal Liability

1. Justifying Circumstances (Article 11)

2. Exempting Circumstances (Article 12); Republic Act (R.A.) No. 9262

(Anti Violence Against Women and Children Act, Re: Battered Woman
Syndrome), R.A. No. 9344, (Juvenile Justice and Welfare Act), as
amended by R.A. No. 10630, (An Act Strengthening the Juvenile Justice
System in the Philippines)

3. Mitigating Circumstances (Article 13)

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4. Aggravating Circumstances (Article 14); R.A. No. 9344, as amended

by R.A. No. 10630; R.A. No. 10591 (Comprehensive Firearms and
Ammunition Regulation Act); R.A. No. 9165 (Comprehensive Drugs Act
of 2002) as amended by R.A. No. 10640 (An Act to Further Strengthen
the Anti-Drug Campaign of the Government); R.A. No. 10175
(Cybercrime Prevention Act of 2012)

5. Alternative Circumstances ( Article 15)

6. Absolutory Causes/Instigation/Entrapment

C. Persons Criminally Liable and Degree of Participation

1. Principals, Accomplices, and Accessories (Articles 16-20)

2. Presidential Decree (P.D.) No. 1612 (Anti-Fencing Law)

3. P.D. No. 1829 (Penalizing Obstruction of Apprehension and

Prosecution of Criminal Offenders)

D. Plurality of Crimes (Real and Ideal)

1. Absorption System

2. Single Impulse Rule

3. Compound Complex Crime

4. Complex Crime Proper (Article 48)

5. Special Complex Crime/Composite Crimes

6. Continuous/Continued Crime

7. Continuing Crime

E. Penalties

1. Classification of Penalties (Articles 25-26, as amended by R.A. No.

10951)

2. Principal and Accessory Penalties (Article 25)

3. Duration and Effects of Penalties (Article 27)

4. Application and Graduation of Penalties (Articles 46, 50-57, 61-65

and 76-77)

5. Preventive Imprisonment (Article 29, as amended by R.A. No.

10592)
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6. Subsidiary Penalty

F. Execution and Service of Penalties

1. Community Service [R.A. No. 11362 (An Act Authorizing the Court to
Require Community Service in Lieu of Imprisonment for the Penalties of
Arresto Menor and Arresto Mayor); A.M. No. 2006-14-SC]

2. Release on Recognizance [R.A. No. 10389 (The Recognizance Act of

2012)]

3. Successive Service of Sentence

4. Three-Fold Rule

5. Indeterminate Sentence Law [Act No. 4103, as amended by R.A. No.

4203]

6. Probation [P.D. No. 968, as amended by R.A. No. 10707 (An Act
Amending P.D. No. 968)]

G. 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, R.A. No. 3326]

f. Prescription of Penalties (Article 91)

g. Marriage between the Offender and the Offended Party

(Articles 266-C and 344)

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)
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d. Parole (Act No. 4103, sec. 5)

H. 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. 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 Laws 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 Laws 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

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

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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)

1. 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. The Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-

Child Sexual Abuse or Exploitation Materials (CSAEM) Act [R.A. No. 11930,
July 30, 2022]

C. Anti-Fencing Law of 1979 [P.D. No. 1612]

D. Anti-Cattle Rustling Law [P.D. No. 533]

E. Anti-Graft and Corrupt Practices Act [R.A. No. 3019, as amended by R.A.
No. 3047; P.D. No. 677; P.D. No. 1288; Batas Pambansa Bilang (B.P. Blg.) 195;
R.A. No. 10910]
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F. Code of Conduct and Ethical Standards for Public Officials and Employees
[R.A. No. 6713]

G. Anti-Hazing Act of 2018 [R.A. No. 8049, as amended by R.A. No. 11053]

H. Anti-Photo and Video Voyeurism Act of 2009 [R.A. No. 9995]

I. Anti-Plunder Act [R.A. No. 7080, as amended by R.A. No. 7659]

1. Definition of Terms

2. Definition of the Crime of Plunder, Series, and Combination

3. Pattern

4. Wheel and Chain Conspiracy

J. Anti-Torture Act of 2009 [R.A. No. 9745]

K. Anti-Trafficking in Persons Act of 2003 [R.A. No. 9208, as amended by R.A.

No. 10364; R.A. No. 11862]

L. Anti-Violence Against Women and their Children Act of 2004 [R.A. No.
9262]

M. Bouncing Checks Law [B.P. Blg. 22; A.C. No. 12-2000; A.C. No. 13 2001]

N. Comprehensive Dangerous Drugs Act of 2002 [R.A. No. 9165, as amended

by R.A. No. 10640; A.M. 18-03-16-SC; IRR of R.A. No. 9165]

O. Cybercrime Prevention Act of 2012 [R.A. No. 10175]

P. New Anti-Carnapping Act of 2016 [R.A. No. 10883; R.A. No. 11235]

Q. Special Protection of Children Against Abuse, Exploitation, and

Discrimination Act [R.A. No. 7610, as amended by R.A. No. 9231; R.A. No.
11648]

R. Swindling by Syndicate [P.D. No. 1689]

S. Law on Arson [P.D. No. 1613]

T. Anti-Terrorism Act [R.A. No. 11479]

U. Terrorism Financing Prevention and Suppression Act [R.A. No. 10168]

V. Anti-Piracy and Anti-Highway Robbery Law [P.D. No. 532]

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W. 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]

X. Juvenile Justice and Welfare Act [R.A. No. 9344, as amended by R.A. No.
10630]

Y. Obstruction of Justice [P.D. No. 1829]

Z. Penalizing the Refusal of Hospitals and Clinics to Administer Initial

Treatment in Emergency Cases [B.P. Blg. 702, as amended by R.A. No. 8344]

AA. Philippine Act on Crimes Against International Humanitarian Law,

Genocide and Other Crimes Against Humanity [R.A. No. 9851]

V. STRATEGIC PLAN FOR JUDICIAL INNOVATIONS 2022-2027

A. Challenges

B. Four Guiding Principles

C. Three Outcomes and Activities - - NOTHING FOLLOWS -