CRIMINAL LAW 1

SUBJECT : LS 114
TIME : TUESDAY – 6:00 – 9:00PM
COURSE TITLE : CRIMINAL LAW I
UNITS : 3

I. COURSE DESCRIPTION

A detailed examination into the characteristics of criminal law, the nature of felonies,
stages of execution, circumstances affecting criminal liability, persons criminally liable,
the extent and extinction of criminal liability as well as civil liability of the offender, what
it includes and the extinction and survival of civil liability as well as understanding of
penalties in criminal law, their nature and theories, classes, crimes, habitual delinquency,
the indeterminate sentence law and the prohibition law. The course covers Articles 1 -
113 of the Revised Penal Code and related laws

FIRST PRELIMINARY TERM

Time allotment : 5 weeks

Topic:

1.a.)Criminal law in general

1. b.)Date of effectiveness and application of the provisions of this code.

1.1 Time when act takes effect

1.2 Application of its provisions

2. Felonies and circumstances which affect criminal liability

2.a. Felonies

2.1 Definition
2.2 Criminal liability
2.3 Duty of the court in connection with acts which should be repressed but which
are not covered by the law and in cases of excessive penalties

3.
3.1 Consummated, frustrated and attempted felonies
3.2 When light felonies are punishable
3.3 Conspiracy and proposal to commit felony
3.4 Grave felonies, less grave felonies and light felonies
3.5 Offenses not subject to provisions of the code

4. a. Justifying circumstances and circumstances which exempt from criminal liability

4.1 Justifying circumstances
4.2 Circumstances which exempt from criminal liability
b. Circumstances which mitigate criminal liability
4.1 Mitigating circumstances
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5. a. Circumstances which aggravate criminal liability

5.1 Aggravating circumstances

b. Alternative circumstances

5.1 Their concept

MIDTERM

Time allotment : 6 weeks

Topic:

1. Persons criminally liable for felonies

1.1 Who are criminally liable

1.2 Principals
1.3 Accomplices
1.4 Accessories
1.5 Accessories who are exempt from liability

2. Penalties

1. Penalties in general
2.1 Penalties that may be imposed
2.2 Retroactive effect of penal laws
2.3 Effect of pardon by the offended party
2.4 Measures of prevention or safety which are not considered penalties

2. Classification of penalties

2.1 Penalties which may be imposed

2.2 Fine- when effective, correctional or light penalty

3. Duration and effect of penalties

1. Duration of penalties

3.1 Reclusion perpetua

3.2 Computation of penalties
3.3 Period of preventive imprisonment deducted from term of
Imprisonment
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2. Effects of penalties according to their respective nature

3.1 Effects of penalties of perpetual or temporary absolute disqualification

3.2 Effects of penalties of perpetual or temporary special disqualification
3.3 Effects of penalties of perpetual or temporary special disqualification
for the exercise of the right of suffrage
3.4 Effects of penalties of suspension from any public office, profession
or calling or right of suffrage

4.a.
4.1 Civil interdiction
4.2 Effects of bond to keep the peace
4.3. Pardon; its effects
4.4 Costs; what are included
4.5 Pecuniary liabilities; order of payment
4.6 Subsidiary penalty

4.b. Penalties in which other accessory penalties are inherent

4.1 Death; its accessory penalties

4.2 Reclusion perpetua and reclusion temporal; their accessory penalties
4.3 Prision mayor; its accessory penalties
4.4 Prision correccional; its accessory penalties
4.5 Arresto; its accessory penalties
4.6 Confiscation and forfeiture of the proceeds or instruments of the
crime

4. Application of penalties

4 Rules for the application of penalties to the persons criminally liable and for
the graduation of the same
4.1 Penalty to be imposed upon principals in general
4.2 In what case the death penalty should be imposed
4.3 Penalty for complex crimes

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5.1 Penalty to be imposed upon the principals when the crime committed
is different from that intended
5.2 Penalty to be imposed upon principals of frustrated crime
5.3 Penalty to be imposed upon principals of attempted crime
5.4 Penalty to be imposed upon principals of consummated crime
5.5 Penalty to be imposed upon principals to the commission of a
consummated felony
5.6 Penalty to be imposed upon accomplices of a frustrated crime
5.7 Penalty to be imposed upon accessories of a frustrated crime
5.8 Penalty to be imposed upon accomplices of an attempted crime
5.9 Penalty to be imposed upon accessories of an attempted crime
5.10 Additional penalty to be imposed upon certain accessories
5.11 Penalty to be imposed in case of failure to commit the crime because
the means employed or the aims sought are impossible
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5.12 Exemption to the rules established in article 50 – 57

5.13 Rules for graduating penalties

FINAL TERM

Time allotment : 4 weeks

Topic :

1a.) Rules for application of penalties with regard to the mitigating and aggravating
circumstances and habitual delinquency

1.1Effects of attendance of mitigating or aggravating circumstances and of habitual

delinquency
1.2 Rules and application of indivisible penalties
1.3 Rules for application of penalties which contain three periods
1.4 Rule in cases in which the penalty is not composed of three periods
1.5 Imposition of fines. Penalty to be imposed when not at all the requisites
of exemption of the fourth circumstances of the article 12 are present
1.6 Penalty to be imposed when upon a person under eighteen years of age
1.7 Penalty to be imposed when the crime committed is not wholly
Excusable
1.8 Successive service of sentence
1.9 Graduated scales
1.10 Preference in payment of the civil liabilities

1.b.) Provision common to the last two preceding section

1.1 Presumption in regard to the imposition of accessory penalties

1.2 Penalty higher than reclusion perpetua in certain cases
1.3 Increasing or reducing the penalty of fine by one or more degrees
1.4 Legal period of duration of divisible penalties
1.5 When the penalty is a complex one composed of three distinct penalties
1.6 Indeterminate sentence law
1.7 Probation law PD968

2. Execution and service of penalties

2.a. General provisions

2.1 When and how a penalty is to be executed

2.2 Suspension of the execution and service of the penalties in case of insanity
2.3 Suspension of the sentence of minor delinquents
2.4 Suspension PD 603 child and youth welfare code republic Act 9344. Juvenile
Justice and welfare act of 2006

2.b. Execution of principal penalties

2.4 When and how the death penalty is to be executed

2.5 Notification and execution of the sentence and assistance to the culprit
2.6 Suspension of the execution of the death sentence
 2.7 Place of the execution and persons who may witness the same
2.8 Provisions relative to the corps of the person executed and its burial
2.9 Reclusion perpetua, reclusion temporal, prision mayor, prision correccional
and arresto mayor
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3.10 Destierro
3.11 Arresto mayor

3. Extinction of criminal liability

3.a. Total extinction of criminal liability

3.1 How criminal liability is totally extinguished

3.2 Prescription of crimes
3.3 Computation of prescription of offenses
3.4 When and how penalties prescribe
3.5 Computation of the prescription of penalties
3.6 Total extinction of criminal liability
3.b. Partial extinction of criminal liability
3.7 Obligation incurred by person granted conditional pardon
3.8 Effect of commutation of sentence
3.9 Allowance for good conduct
3.10 Special time allowance for loyalty
3.11 Who grants time allowance

4. Civil liability

4.a. Persons civilly liable for felonies

4.1 Civil liability of person guilty of felony

4.2 Rules regarding civil liability in certain cases
4.3 Subsidiary civil liability of innkeepers, tavern-keepers and proprietors of
establishments
4.4 Subsidiary civil liability of other persons

4.b. What civil liability includes

4.5 What include in civil liability

4.6 Restitution; how made
4.7 Reparation; how made
4.8 Indemnification; what is included
4.9 Obligation to make restoration, reparation for damages or indemnification for
consequential damages and action to demand the same upon whom it devolves
4.10 Share of each person civilly liable
4.11 Several and subsidiary liability of principals, accomplices and accessories of
felony; preference payment
4.12 Obligation to make restitution in a certain case

4.c. Extinction and survival of civil liability

4.13 Extinction of civil liability

4.14 Obligation to satisfy civil liability

II. TEXTBOOK/REFERENCES
1. The Revised Penal Code Book I, Luis B. Reyes
2. Supreme court report annotated
3. Philippine report
4. Revised Penal Code, Ramon C. Aquino