SYLLABUS FOR THE 2012 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 Branch of public law which define crimes, treat of their nature and provide for their punishment (i) Difference between Mala in Se and Mala Prohibita Mala in Se: Act of omission is inherently evil Felonies under the RPC Involves moral turpitude Moral state is the basis. Good faith or lack of intent is a defense Modifying circumstances are considered Degree of participation is considered Stage of accomplishment is considered

Mala Prohibita: Act or omission is evil because the law prohibits the same Does not involve moral turpitude Positively prohibited Voluntariness is the basis. Good faith or lack of intent is not a defense Modifying circumstances, not considered Degree of participation, not considered Punished only when accomplished or consummated

b) Scope of application and characteristics of Philippine criminal law (i) Generality (persons to be governed) penal laws are binding on all persons who reside or sojourn in the Philippines whether citizens or not. Basis: NCC Art. 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations. Art III (1) 1987 Constitution No person shall be deprived of life, liberty and property without due process of law, nor shall be denied equal protection (ii) Territoriality (jurisdicition or the place where applicable) the law is applicable to all crimes committedwithin the limits of Philippine territory Basis: RPC Art. 2. Application of its provisions. Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who: (par.1 is a general rule) 1. Should commit an offense while on a Philippine ship or airship; 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.)

Intra-territorial application applicable within the Philippine archipelago, including its atmosphere, interior waters and maritime zone Archipelagic Doctrine All bodies of water comprising the maritime zone and interior waters abounding different islands comprising the Philippine Archipelago are part of the Philippine territory regardless of their breadth, depth, width or dimension. Absolute Theory on Atmosphere the subjacent state has complete jurisdiction over the atmosphere above it subject only to innocent passage by aircraft of foreign country Extra-territorial application on crimes committed outside the Philippine territorial jurisdiction RA 75 places immunity on diplomatic representatives of foreign countries. Under international law, sovereigns, heads of states and their official representatives enjoy immunity from suits In the of international bodies, mere invocation of the immunity clause does not ipso facto result in the dropping of the charges in court. There is still a need to inquire whether the accused is covered by the provision of the immunity clause Under the Vienna, a diplomatic agent enjoys immunity from criminal jurisdiction of the receiving state, except in the case of an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving state outside of his official functions Vessel must not be within the territorial jurisdiction of another country otherwise, the latters law will govern. But if the foreign country did not assume jurisdiction, the Philippines will do so. Country of registry determined the nationality of the ship or airship, not its ownership French Rule recognizes the lag or nationality of vessel (country of registry will have jurisdiction but when the crime violated the peace and order of the host country, the latter will have jurisdiction English Rule adheres to the territoriality principle or situs of the crime. The country of registry will have jurisdiction only where the crime relates to internal management of the vessel. Forgery is committed by giving to a treasury or bank note or any instrument payable to bearer or to order the appearance of a true genuine document or by erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs contained therein RPC, Art. 169. How forgery is committed. The forgery referred to in this section may be committed by any of the following means: 1. By giving to a treasury or bank note or any instrument, payable to bearer or order mentioned therein, the appearance of a true genuine document. 2. By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs contained therein. If forgery was committed abroad, it must refer only to Philippine coin, currency note or obligations and securities A public officer / employee who commits a crime related to the exercise of his office. Crime against national security and the law of nations include Treason, Espionage, Provoking War and Disloyalty in Case of War, Piracy and Mutiny but not Rebellion (iii) Prospectivity (when the law shall be applicable) the law should have only prospective application except if it is favorable to the offender. (irretrospectivity prohibits the retroactive application of penal laws) Basis: RPC, Art. 21. Penalties that may be imposed. No felony shall be punishable by any penalty not prescribed by law prior to its commission. RPC, Art. 22. Retroactive effect of penal laws. Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same.

Art. III(22), Constitution (ex post facto) NCC, Art. 4. Laws shall have no retroactive effect, unless the contrary is provided. Applicable to administrative rulings and circulars and to judicial decisions (evidence of what law means) Legis interpretation legis uim obtinet Lex prospicit, non respicit. The law looks forward not backward. Rationale: a law usually derides rights which may already become vested or impairs the obligations of contract, hence, unconstitutional. Doctrine of operative fact. It must have been in force and had to be complied with the principle of prospectivity of statutes also applies to administrative rulings and circulars Acts or omissions will only be subject to a penal law if they are committed after a penal law had already taken effect Exceptions: When the penal law is favorable to the offender, in which case it would have retroactive application; provided that the offender is not a habitual delinquent and there is no provision in the law against its retroactive application This is true only when there is a repealing law. If it is an original penal law, this exception can never operate

c) Constitutional limitations on the power of Congress to enact penal laws in the Bill of Rights (i) Equal protection (general in application) (ii) Due process (iii)Non-imposition of cruel and unusual punishment or excessive fines (a) Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A. 9346) (iv) Bill of attainder (v) Ex post facto law Nullum crimen, nullum poena sine lege Applies solely to penal laws Basis: RPC, Art. 21. Penalties that may be imposed. No felony shall be punishable by any penalty not prescribed by law prior to its commission. RPC, Art. 22. Retroactive effect of penal laws. Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same. 2. Felonies a) Classifications of felonies Felonies acts or omissions punished under the RPC Offense - crimes punished under a special law is called as statutory offense. Misdemeanor - A minor infraction of the law, such as a violation of an ordinance, is referred to as a misdemeanor. Crime - Whether the wrongdoing is punished under the Revised Penal Code or under a special law, the generic word crime can be used. b) Elements of criminal liability Act or omission An act refers to any kind of body movement that produces change in the outside world. Punishable by law By means of dolo or culpa - Dolo is deliberate intent otherwise referred to as criminal intent, and must be coupled with freedom of action and intelligence on the part of the offender as to the act done by him. Requisites of Dolo: Criminal Intent Freedom of Action Intelligence Requisites of Culpa

criminal negligence on the part of the offender , that is, the crime was the result of negligence, reckless imprudence, lack of foresight or lack of skill; freedom of action on the part of the offender, that is, he was not acting under duress; and Intelligence on the part of the offender in performing the negligent act.

The word voluntariness in criminal law does not mean acting in ones own volition. In criminal law, voluntariness comprehends the concurrence of freedom of action, intelligence and the fact that the act was intentional. In culpable felonies, there is no voluntariness if either freedom, intelligence or imprudence, negligence, lack of foresight or lack of skill is lacking. Without voluntariness, there can be no dolo or culpa, hence, there is no felony. Even culpable felonies require voluntariness. It does not mean that if there is no criminal intent, the offender is absolved of criminal liability, because there is culpa to consider. May a crime be committed without criminal intent? Yes. Criminal intent is not necessary in these cases: (1) When the crime is the product of culpa or negligence, reckless imprudence, lack of foresight or lack of skill;

(2) When the crime is a prohibited act under a special law or

what is called malum prohibitum. Criminal Intent Criminal Intent is not deceit. Do not use deceit in translating dolo, because the nearest translation is deliberate intent. In criminal law, intent is categorized into two: (1) General criminal intent; and (2) Specific criminal intent. General criminal intent is presumed from the mere doing of a wrong act. This does not require proof. The burden is upon the wrong doer to prove that he acted without such criminal intent. Specific criminal intent is not presumed because it is an ingredient or element of a crime, like intent to kill in the crimes of attempted or frustrated homicide/parricide/murder. The prosecution has the burden of proving the same. Distinction between intent and discernment Intent is the determination to do a certain thing, an aim or purpose of the mind. It is the design to resolve or determination by which a person acts. On the other hand, discernment is the mental capacity to tell right from wrong. It relates to the moral significance that a person ascribes to his act and relates to the intelligence as an element of dolo, distinct from intent. Distinction between intent and motive Intent is demonstrated by the use of a particular means to bring about a desired result it is not a state of mind or a reason for committing a crime. On the other hand, motive implies motion. It is the moving power which impels one to do an act. When there is motive in the commission of a crime, it always comes before the intent. But a crime may be committed without motive. If the crime is intentional, it cannot be committed without intent. Intent is manifested by the instrument used by the offender. The specific criminal intent becomes material if the crime is to be distinguished from the attempted or frustrated stage. For example, a husband came home and found his wife in a pleasant conversation with a former suitor. Thereupon, he got a knife. The moving force is jealousy. The intent is the resort to the knife, so that means he is desirous to kill the former suitor. Even if the offender states that he had no

reason to kill the victim, this is not criminal intent. Criminal intent is the means resorted to by him that brought about the killing. If we equate intent as a state of mind, many would escape criminal liability. In a case where mother and son were living in the same house, and the son got angry and strangled his mother, the son, when prosecuted for parricide, raised the defense that he had no intent to kill his mother. It was held that criminal intent applies on the strangulation of the vital part of the body. Criminal intent is on the basis of the act, not on the basis if what the offender says. Look into motive to determine the proper crime which can be imputed to the accused. If a judge was killed, determine if the killing has any relation to the official functions of the judge in which case the crime would be direct assault complexed with murder/homicide, not the other way around. If it has no relation, the crime is simply homicide or murder. Omission is the inaction, the failure to perform a positive duty which he is bound to do. There must be a law requiring the doing or performing of an act. Distinction between negligence and imprudence (1) In negligence, there is deficiency of action; (2) In imprudence, there is deficiency of perception. c) Impossible crime d) Stages of execution e) Conspiracy and proposal f) Multiple offenders (differences, rules, effects) (i) Recidivism (ii) Habituality (Reiteracion) (iii) Quasi-Recidivism (iv) Habitual Delinquency g) Complex crimes vis special complex crimes 3. Circumstances which affect criminal liability a) Justifying circumstances (i) Anti-Violence Against Women and Their Children Act of 2004 (R.A. 9262) (a) Battered woman syndrome (b) Exempting circumstances (i) 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) Minimum age of criminal responsibility (c) Determination of age (d) Exemption from criminal liability c) Mitigating circumstances d) Aggravating circumstances (i) Generic (ii) Qualifying (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) (i) As a qualifying aggravating circumstance (ii) Immunity from prosecution and punishment, coverage (iii) Minor offenders (iv) Application/Non application of RPC provisions (Sec. 98, R.A. No. 9165) provisions (sec. 98) cf. Art. 10, RPC e) Alternative circumstances f) Absolutory cause 4. Persons criminally liable/Degree of participation a) Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders (P.D. 1829) (i) Punishable acts (ii) Compare with Article 20 (accessories exempt from criminal liability) 5. Penalties a) General principles

(i) Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A. 9346) b) Purposes c) Classification d) Duration and Effect e) Application (i) Indeterminate Sentence Law (R.A. 4103, as amended) (a) Application on the imposed sentence (b) Coverage (c) Conditions of parole (ii) Three-fold rule (iii) Subsidiary imprisonment f) Execution and service (i) 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 (i) The Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165) (ii) 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 g) Distinguished from preventive imprisonment 6. Modification and extinction of criminal liability a) Prescription of crimes b) Prescription of penalties c) Pardon by offended party d) Pardon by the Chief Executive e) Amnesty B. Book II (Articles 114-365), including related special laws 1. Crimes Against National Security (Articles 114-123); in addition: a) Anti-Piracy and Anti- Highway Robbery (P.D.532) (i) Definition of terms (ii) Punishable acts b) Anti-Hijacking Law (P.D. 6235) (i) Punishable acts c) Human Security Act of 2007(R.A. 9372) (i) Punishable acts of terrorism (ii) Who are liable 2. Crimes Against the Fundamental Laws of the State (Articles 124-133); in addition: a) Human Security Act of 2007 (R.A. 9372) (i) Period of detention b) Anti-Torture Act of 2009 (R.A. 9745) (i) Punishable acts (ii) Who are liable 3. Crimes Against Public Order (Articles 134-160); 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) (i) Punishable acts of terrorism Page 4 of 7 (ii) Who are liable (iii) Absorption principle in relation to complex crimes 4. Crimes Against Public Interest (Articles 161-187); in addition: a) The New Public Bidding Law (R.A. 9184) (i) Prohibited acts b) Anti-Alias Law (C.A. 142) (i) Punishable acts

(ii) Exception 5. Crimes Relative to Opium and Other Prohibited Drugs a) The Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165) (i) Punishable acts (ii) Who are liable (iii) Attempt or conspiracy, effect on liability (iv) Immunity from prosecution and punishment 6. Crimes Against Public Morals (Articles 200-202) 7. Crimes Committed by Public Officers (Articles 203-245); in addition: a) Anti-Graft and Corrupt Practices Act (R.A. 3019, as amended) (i) Coverage (ii) Punishable acts (iii) Exceptions b) Anti-Plunder Act (R.A. 7080, as amended) (i) Definition of terms (ii) Ill-gotten wealth (iii) Plunder (iv) Series/Combination (v) Pattern c) Human Security Act of 2007 (R.A. 9372) (i) Failure to deliver suspect to proper judicial authority (ii) Infidelity in the custody of detained persons (iii) False prosecution 8. Crimes Against Persons (Articles 246-266); in addition: a) Anti-Violence against Women and their Children Act of 2004 (R.A. 9262) (i) Punishable acts b) Anti-Child Pornography Act of 2009 (R.A. 9775) (i) Definition of terms (ii) Unlawful or punishable acts c) Anti-Hazing Law (R.A. 8049) (i) Hazing (a) Definition (b) Allowed initiation rites (ii) Who are liable (iii) Punishable acts d) Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act (R.A. 7610, as amended) (i) Coverage (ii) Child prostitution, punishable acts (iii) 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) (i) Punishable acts f) Human Security Act of 2007 (R.A. 9372) (i) Punishable acts of terrorism (ii) Who are liable 9. Crimes Against Personal Liberty and Security (Articles 267-292); in addition: a) Anti-Wire Tapping Act (R.A. 4200) (i) Punishable acts (ii) Exceptions b) Human Security Act of 2007 (R.A. 9372 (i) Surveillance of suspects and interception and recording of communications (ii) Restriction on travel (iii) Examination of bank deposits and documents (a) Judicial Authorization (b) Application (iv) Unauthorized revelation of classified materials c) Anti-Trafficking in Persons Act of 2003 (R.A. 9208) (i) Punishable acts 10. Crimes Against Property (Articles 293-332); in addition: a) Anti-Fencing Law (P.D. 1612) and its implementing rules and regulations (i) Fencing (a) Definition (b) Presumption of fencing (ii) 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 (i) Punishable acts (ii) Evidence of knowledge of insufficient funds (iii) Preference of imposition of fine c) Anti-Carnapping Act of 1972 (R.A. 6539) (i) Definition of terms (ii) Registration (iii) Who are liable (a) Duty of collector of customs (b) Duty of importers, distributors and sellers (c) Clearance and permit (iv) Punishable acts d) Human Security Act of 2007 (R.A. 9372) (i) Punishable acts of terrorism e) Anti-Arson Law (P.D.1613) (i) Punishable acts 11. Crimes Against Chastity (Articles 333-334, 336-346); in addition: a) Anti-Photo and Video Voyeurism Act of 2009 (R.A. 9995) (i) Punishable acts b) Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act (R.A. 7610, as amended) (i) Child prostitution and other acts of abuse (a) Punishable acts (b) Compare prosecution for Acts of Lasciviousness under Art. 366, RPC and R.A. 7610, as amended (ii) Obscene publications and indecent shows (a) Punishable acts (b) Anti-Trafficking in Persons Act of 2003 (R.A. 9208) (i) Punishable acts (c) Anti-Violence Against Women and Their Children Act of 2004 (R.A. 9262) (i) Punishable acts (d) Anti-Sexual Harassment Act of 1995 (R.A. 7877) (i) Punishable acts 12. Crimes Against Civil Status (Articles 347-352) 13. Crimes Against Honor (Articles 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 (i) Preference of imposition of fine 14. Criminal Negligence (Article 365) II. Jurisprudence Pertinent Supreme Court decisions promulgated up to January 31, 2012. III. Excluded Topics A. All special penal laws and Supreme Court Decisions not pertinent to the above outlined topics are excluded. B. Penalties of specific crimes.