REVIEW GUIDE IN CRIMINAL

LAW

Dean Gemy Lito L. Festin

College of Law
Polytechnic University of the Phillipines
(PUP)
 Common bar questions in
Criminal Law:
QUESTION TYPE 1

-WHAT CRIME IS COMMITTED?

- WHAT ARE THE CRIMES COMMITTED?
- FOR WHAT CRIME IS X LIABLE FOR?
 If these are the types of
questions asked, what will be
your approach?

Possible sources of answers:

CHECK ON THE FF. RULES/ PRINCIPLES-
 I. IF A CRIME IS COMMITTED

1. ELEMENTS OF A CRIME
2.DOLO/CULPA
3. DISTINCTIONS/SIMILARITIES
OF CRIMES PUNISHABLE UNDER THE RPC
4. COMPLEX CRIME
5. DISTINCTIONS/SIMILARITIES OF
CRIMES PUNISHABLE UNDER THE RPC / SPL
II. NO CRIME IS COMMITTED

a. JUSTIFYING CIRCUMSTANCES
b. EXEMPTING CIRCUMSTANCES
-Minority
-Insanity
c. CERTAIN PRINCIPLES
1. Nullum crimen nulla poena sine lege
2. Theory Of Absorption
d. INSTIGATION (not entrapment)
III. STAGE WHEN THE CRIME
IS COMMITTED
Recall the STAGES OF EXECUTION:

a. ATTEMPTED
b. FRUSTRATED
c. CONSUMMATED
Common bar questions in
Criminal Law:

2. WHAT IS THE
PARTICIPATION OF A?
HOW ABOUT B?
Recall the persons criminally liable
under Arts. 17,18 and 19:

1. PRINCIPAL
2. ACCOMPLICES
3. ACCESSORIES
Common bar questions in
Criminal Law:

3. Is X criminally liable?
Recall Art.4 How criminal liability is
incurred

1.
• a. Proximate Cause
• b. Error in Personae
• c. Aberratio Ictus
• d. Praeter Intentionem
• 2.
• Impossible Crime
 PENALTY:

• CONSIDERING THE PRESENCE OF THE

ATTENDING/MODIFYING CIRCUMSTANCES,
WHAT IS THE PENALTY TO BE IMPOSED
AGAINST X?

• APPLYING THE INDETERMINATE SENTENCE

LAW, WHAT IS THE PENALTY TO BE
IMPOSED AGAINST X?
 Recall the ISLAW rules
• 1. Disqualifications
• 2. Importance of determining the presence
of the minimum and the maximum term of
the Indeterminate Sentence
• 3. Rules under the Special Penal Law
• 4. Rules under the Revised Penal Code
Addendum:

PROBATION LAW
1. DISQUALIFICATIONS
2. APPLICATION