Criminal Law RPC

Criminal law RPC (Book 1)
Criminal Law - a branch of municipal law which defines crimes,

treats of their nature and provides for their punishment.
Characteristics of Criminal Law
1. General 2. Territorial 3. Prospective
General - binding on all persons who reside or sojourn in the

Philippines.
Exceptions:
1. Treaty Stipulation
2. Laws of Preferential Application
3. Principles of Public International Law
ex. 1. Sovereigns and other chief of state
2. Ambassadors, Minister resident, and
charges d' affaires
Note: Consuls, Vice Consuls, and other foreign

commercial representatives can not claim the
privileges and immunities accorded to
ambassadors and ministers.
Territorial - Penal laws of the Philippines are enforceable only

within its territory.
Exception: Art. 2 of the RPC - binding even on
crimes committed outside the Philippines.
1. Offenses committed while on a Philippine ship
or airship.
2. Forging or counterfeiting any coin or currency
note of the Philippines or obligations and
securities issued by the government.
3. Introduction into the country of the above
mentioned obligations and securities.
4. While being public officers and employees, an
offense is committed in the exercise of their
functions.
5. Crimes against the National Security and the Law
of the Nations.
Prospective - The law does not have any retroactive effect.

Exception: When the law is favorable to the
accused.
Exception to the Exception:

1. The New Law is expressly made inapplicable
to pending actions or existing causes of
action.
2. Offender is a habitual criminal.
Theories of Criminal Law

1. Classical Theory - basis is man's free will to choose between
good and evil, that is why more stress is placed upon the
result of the felonious act than upon the criminal himself. The
purpose of penalty is retribution. The RPC is generally
governed by this theory.
2. Positivist Theory - basis is the sum of social and economic

phenomena which conditions man to do wrong in spite of or
contrary to his volition. This is exemplified in the provisions
on impossible crimes and habitual delinquency.
3. Mixed Theory - combination of the classical and positivist

theories wherein crimes that are economic and social in
nature should be dealt in a positive manner. The law is thus
more compassionate.
Construction of Penal Laws

1. Liberally construed in favor of offender.
Example: a. The offender must clearly fall within the terms
of the law.
b. An act is criminal only when made so by the
statute.
2. In cases of conflict with official translation, original Spanish
text is controlling.
3. No interpretation by analogy.
Limitations on Power of Congress to Enact Penal Laws

1. Ex Post Facto Law
2. Bill of Attainder
3. Law that violates the equal protection clause of the
constitution.
4. Law which imposes cruel and unusual punishments nor
excessive fines.
Criminal Law Review Questions 1

1. A Branch of municipal law which defines crimes, treats of
their nature and provides for their punishment.
A. Procedural Law
B. Civil Law
C. Criminal Law
D. Political Law
2. One of the following is not a characteristic of criminal law.

A. General
B. Territorial
C. Prospective
D. Retroactive
3. Criminal law is binding on all person who reside or sojourn

in the Philippines. This characteristic of criminal law is known as
A. General
B. Territorial
C. Prospective
D. Retroactive
4. One of the characteristics of criminal law is generality. Which

of the following is not an exception to the principle of
generality.
A. Treaty Stipulation
B. Laws of Preferential Application
C. Principles of Public International Law
D. None of the Above
5. One of the following person is not immune from Philippine

criminal law.
A. Sovereigns and other chief of state
B. Ambassador
C. Consuls
D. Charges d' Affaires
6. Penal laws of the Philippines are enforceable only within

its territory. This characteristic of criminal law is known as
A. General
B. Territorial
C. Prospective
D. None of the above
7. One of the following is not an exceptions to the territorial

principle of criminal law.
A. Offenses committed while on Philippine ship or airship
B. Forging or counterfeiting any coin or currency note of
the Philippines or the obligations and securities issued
by the government.
C. Crimes committed against national security and the law of
nations.
D. Crimes committed against public order.
8. Criminal law does not have any retroactive effect. This

characteristic of criminal law is known as
A. General
B. Territorial
C. Prospective
D. Retroactive
9. When the law is favorable to the accused, is an exception

to which characteristic of criminal law.
A. General
B. Territorial
C. Prospective
D. Retroactive
10. A Theory of criminal law, Basis is man's free will to choose

between good and evil. The purpose of penalty is retribution.
A. Classical Theory
B. Positivist Theory
C. Mixed Theory
D. None of the above.
Answer:
1. C
2. D
3. A
4. D
5. C
6. B
7. D
8. C
9. C
10. A

1. Basis is the sum of social and economic phenomena which
conditions man to do wrong in spite of or contrary to his
volition. This theory of criminal law is known as
A. Classical Theory
B. Positivist Theory
C. Mixed Theory
D. None of the above
2. In the construction of penal laws, it must be ______________

construed in favor of offender.
A. Strictly
B. Liberally
C. Severely
D. Precisely
3. Which of the following is not a limitation on power of

congress to enact penal laws.
A. Ex post facto law
B. Bill of Attainder
C. Law that violates the equal protection clause of the
constitution.
4. The Revised Penal Code took effect on

A. March 6, 1929
B. March 6, 1930
C. February 1, 1932
D. February 1, 1934
5. What determines whether a vessel is a Philippine vessel for

purposes of the application of criminal law?
A. Place of Registration
B. Place of Construction
C. Citizenship of the Owner
6. Crimes committed aboard foreign vessel within the territorial

waters of a country are not triable in the courts of such
country. In Criminal law, this principle is known as
A. The Philippine Rule
B. The English Rule
C. The French Rule
7. Crimes committed aboard a foreign vessel within the

territorial waters of a country are triable in the courts of such
country. In Criminal law, this principle is known as
B. The English Rule
C. The French Rule
8. For Offenses committed aboard foreign vessel committed in

Philippine waters. What principle is applicable to the
Philippines.
B. The English Rule
C. The French Rule
9. Acts and omissions punishable by the RPC is known as

A. Felonies
B. Crimes
C. Misdemeanor
10. Acts and omissions punishable by any law is known as

A. Felonies
B. Crimes
C. Misdemeanor
Answer:
1. B
2. B
3. D
4. C
5. A
6. C
7. B
8. B
9. A
10. B

1. Failure to perform a duty required by law.
A. Exception
B. Exclusion
C. Avoidance
D. Omission
2. There is no crime when there is no law punishing it. In

criminal law, this principle is known as
A. Nullum crimen, nulla poene sine lege
B. Ignorantia Legis Non Excusat
C. Actus Non Facit Reum, Nisi Mens Sit Rea
D. Actus Me Invito Factus Non Est Meus Actus
3. These Felonies are committed by means of deceit (dolo).

A. Culpable Felonies
B. Intentional Felonies
C. Unintentional Felonies
4. These Felonies are committed by means of fault.

5. This classification of felony has the following requisites,

freedom, intelligence, and intent.
6. This classification of felony has the following requisites:

freedom, intelligence, negligence, and imprudence.
7. Which of the following is not a characteristics of an offense

mala in se?
A. Moral trait of offender is considered.
B. Good Faith is a defense
C. Mitigating and aggravating circumstances taken into
account in imposing penalty
D. Degree of participation when there is more than one
offender is generally not taken into account
8. Which of the following is not a characteristic of an offense

mala prohibita?
A. Mitigating and aggravating circumstance is not generally
taken into account
B. Degree of accomplishment of the crime is taken into
account only when consummated
C. Good Faith is not a defense
D. Moral trait of offender is considered.
9. Moving power which impels one to act.

A. Motive
B. Intent
C. Purpose
10. Purpose to use a particular means to effect a result.

A. Motive
B. Intent
C. Purpose
Answer:
1. D
2. A
3. B
4. A
5. B
6. A
7. D
8. D
9. A
10. B

1. In Criminal Law, Error in Personae means
A. Mistake in Identity
B. Mistake in Blow
C. Lack of intent to commit so grave a wrong
2. In Criminal Law, Abberatio Ictus means

B. Mistake in Blow
C. Lack of Intent to commit so grave a wrong
3. In Criminal Law, Praetor Intentionem means
B. Mistake in Blow
C. Lack of intent to commit so grave a wrong
4. The cause which in the natural and continuous sequence,

unbroken by any efficient intervening cause, produces the
injury without which the result would not have occurred.
A. Immediate Cause
B. Intervening Cause
C. Proximate Cause
D. Natural Cause
5. Which of the following is not a requisites of an impossible

crime?
A. Act would have been an offense against persons or
property
B. Accomplishment is inherently impossible or inadequate
or ineffectual or ineffectual means are employed
C. Act is not an actual violation of another provision of the
RPC or of special law.
D. There was no criminal intent
6. A Stage in the execution of felonies when all the elements

necessary for its execution and accomplishment are present.
A. Consummated
B. Frustrated
C. Attempted
7. This Stage in the execution of felonies have the following

elements: a. offender performs all acts of execution b. All
the acts would produce the felony as a consequence c. But
the felony is not produce d. By reason of causes independent
of the will of the perpetrator.
A. Consummated
B. Frustrated
C. Attempted
8. This Stage in the execution of felonies have the following

elements: a. Offender commences the felony directly by
overt acts b. Does not perform all acts which would produce
the felony c. His acts are not stopped by his own spontaneous
desistance
A. Consummated
B. Frustrated
C. Attempted
9. In the stages of execution of felonies, the element that all

acts of execution are present, must be present in
A. Attempted and Frustrated
B. Attempted and Consummated
C. Frustrated and Consummated
D. Frustrated and Attempted
10. Which of the following do not admit of frustrated and
attempted stages?
A. Offenses punishable b y special penal laws
B. Formal Crimes
C. Impossible Crimes
D. All of the Above

Answer:
1. A
2. B
3. C
4. C
5. D
6. A
7. B
8. C
9. C
10. D

1. Which of the following crimes do not admit of frustrated
stage.
A. Rape
B. Bribery
C. Adultery
D. All of the Above
2. The General Rule is that light felonies are punishable only

when they have been consummated. One of the
following is an exception.
A. If committed against the law of the nation
B. If committed against public order
C. If committed against persons or property
3. Two or more persons come to an agreement for the

commission of a felony and they decide to commit it.
A. Proposal
B. Conspiracy
C. Agreement
D. Non of the Above
4. A Person has decided to commit a felony and proposes its

execution to some other person.
A. Conspiracy to commit a felony
B. Proposal to commit a felony
C. Agreement to commit a felony
5. Under the RPC , afflictive penalties are imposed for a
A. Grave Felonies
B. Less Grave Felonies
C. Light Felonies
6. Under the RPC, Correctional penalties are imposed for a

A. Grave Felonies
C. Light Felonies
7. Under the RPC, aresto menor is imposed for a

A. Grave Felonies
C. Light Felonies
8. Light Felonies are punishable by

A. 1 day to 30 days
B. 1 month and 1 day to 6 months
C. 6 months and 1 day to 6 years
D. 6 years and 1 day to 12 years
9. Where the act of a person is in accordance with law, such

person is deemed not to have violated the law.
A. Mitigating circumstance
B. Aggravating circumstance
C. Justifying circumstance
D. Exempting circumstance
10. Grounds for exception from punishment because there is

wanting in the agent of the crime any of the conditions
which make the act voluntary or negligent.
A. Mitigating circumstance
B. Aggravating circumstance
C. Justifying circumstance
Answer:
1. D
2. C
3. B
4. B
5. A
6. B
7. C
8. A
9. C
10. D

1.One while advanced in age has a mental development
comparable to that of children between 2 and 7 years old. He
is exempt in all cases from criminal liability.
A. Insane
B. Imbecile
C. Stupid
2. One who acts with complete deprivation of intelligence or

reason or without the least discernment or with total
deprivation of freedom of will.
A. Insane
B. Imbecile
C. Stupid
3. Offender uses violence or physical force to compel

another person to commit a crime.
A. Irresistible Force
B. Uncontrollable Fear
C. Duress
4. Offender employs intimidation or threat in compelling

another to commit a crime.
A. Irresistible Force
B. Uncontrollable Fear
C. Duress
5. The Juvenile Justice and Welfare Act is known as

A. R.A. 9343
B. R.A. 9434
C. R.A. 9433
D. R.A. 9344
6. Mental capacity to fully appreciate the consequences of

the unlawful act.
A. Motive
B. Intent
C. Discernment
7. Actus Me Invito Factus Non Est Meus Actus means

A. Any act done by me against my will is not my act
B. No intent to commit so grave a wrong
C. He who is the cause of the cause is the cause of the evil
caused
8. Some motive which has lawfully, morally, or physically
prevented a person to do what the law commands.
A. Absolutory cause
B. Insuperable cause
C. Mitigating circumstance
9. Where the act committed is a crime but for some reason of

public policy and sentiment, there is no penalty imposed.
A. Absolutory cause
B. Insuperable cause
C. Mitigating circumstance
10. Those which if present in the commission of the crime

reduces the penalty of the crime but does not erase criminal
liability nor change the nature of the crime.
A. Justifying circumstance
B. Mitigating circumstance
C. Aggravating circumstance
Answer:
1. B
2. A
3. A
4. B
5. D
6. C
7. A
8. B
9. A
10. B


1. Any unjust or improper conduct or act of the offended party,
capable of exciting, inciting or irritating anyone.
A. Provocation
B. Vindication
C. Passion
D. Obfuscation
2. Those which, if attendant in the commission of the crime,

serve to have the penalty imposed in its maximum period
provided by law for the offense or those that change the
nature of the crime.
A. Justifying circumstances
B. Mitigating circumstances
C. Exempting circumstances
D. Aggravating circumstances
3. It is a kind of aggravating circumstance which apply to all
crimes.
A. Generic aggravating circumstance
B. Specific aggravating circumstance
C. Qualifying aggravating circumstance
D. Inherent aggravating circumstance
4. A kind of aggravating circumstance that change the nature

of the crime.
5. A kind of aggravating circumstance which of necessity

accompany the commission of the crime.
6. A kind of aggravating circumstance which arise under special

conditions to increase the penalty of the offense and can not
be offset by mitigating circumstances.
B. Special aggravating circumstance
C. Inherent aggravating circumstance
D. Qualifying aggravating circumstance
7. In Criminal Law, nighttimeas an aggravating circumstance

is also referred to as
A. Obscuridad
B. Despoblado
C. Encuadrilla
8. In Criminal Law, uninhabited place as an aggravating

circumstance is known as
A. Obscuridad
B. Despoblado
C. Encuadrillia
9. In Criminal Law, Band to be considered aggravating

A. There must be three or more armed men
B. There must be four or more armed men
C. There must be five or more armed men
D. There must be six or more armed men
10. En Cuadrillia means

A. Uninhabited place
B. Band
C. Nighttime

Answer:
1. A
2. D
3. A
4. C
5. D
6. B
7. A
8. B
9. B
10. B

1. One who at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime
embraced in the same title of the RPC.
A. Recidivist
B. Habitual delinquent
C. Quasi-recidivist
2. All of the following except one is a person in authority.

A. Barangay Chairman
B. Barangay Tanod
C. Mayor
D. Governor
3. Where the offender has been previously punished for an

offense to which the law attaches an equal or greater
penalty or for two crimes to which it attaches a lighter
penalty. This generic aggravating circumstance is known as
A. Recidivism
B. Habituality
C. Multi-recidivism
D. Quasi-recidivism
4. Reiteracion means
A. Recidivism
B. Habituality
C. Multi-recidivism
D. Quasi-recidivism
5. Where a person within a period of ten years from the date

of his release or last conviction of the crimes of serious or
less serious physical injuries, robbery, theft, estafa, or
falsification, is found guilty of the sdaid crimes a third time
or oftener. This extra ordinary aggravating circumstance is
known as
A. Recidivism
B. Habitual delinquency
C. Reiteracion
D. Quasi-recidivism
6. Where a person commits felony before beginning to serve
or while serving on a previous conviction for a felony.
This special aggravating circumstance is known as
A. Recidivism
B. Reiteracion
C. Habitual delinquency
D. Quasi-recidivism
7. This aggravating circumstance involves the use of

intellectual trickery or cunning on the part of the accused.
A. Craft
B. Fraud
C. Disguise
8. This aggravating circumstance involves the use of insidious

words or machinations to induce the victim to act in a manner
which would enable the offender to carry out his design.
A. Craft
B. Fraud
C. Disguise
9. This aggravating circumstance involves resorting to any

device to conceal identity.
A. Craft
B. Fraud
C. Disguise
10. Astucia means

A. Craft
B. Fraud
C. Disguise
11. Disfraz means

A. Craft
B. Fraud
C. Disguise

Answer:
1. A
2. B
3. B
4. B
5. B
6. D
7. A
8. B
9. C
10. A
11. C
 .
1. When the offender commits any of the crimes against the
person, employing means, methods or forms in the execution
thereof which tend directly and specially to insure its
execution without risk to himself arising from the defense
which the offended party might make.
A. Evident Premeditation
B. Astucia
C. Disfraz
D. Treachery
2. A Circumstance pertaining to the moral order which adds

disgrace and obloquy to the material injury caused by the
crime.
A. Astucia
B. Disfraz
C. Ignominy
D. Obscuridad
3. This Aggravating Circumstance is present when the culprit

enjoys and delights in making his victim suffer slowly and
gradually, causing unnecessary physical pain in the
consummation of the criminal act.
A. Ignominy
B. Cruelty
C. Obscuridad
D. Disfraz
4. Which of the following is not one of the three types of

principals?
A. Principal by Direct Participation
B. Principal by Induction
C. Principal by Indispensable Cooperation
5. Persons who do not act as principals but cooperate in the

execution of the offense by previous and simultaneous
acts, which are not indispensable to the commission of the
crime.
A. Principal
B. Accomplice
C. Accessory
6. A Person received and used property from another, knowing

it was stolen. This is an example of a
A. Principal
B. Accomplice
C. Accessory
7. Placing a weapon in the hand of the dead who was unlawfully
killed to plant evidence or burying the deceased who was
killed by the mastermind. This is an example of
A. A Principal
B. An Accomplice
C. An Accessory
8. This Law penalizes the act of any person who knowingly or

willfully obstructs, impedes, frustrates or delays the
apprehension of suspects and the investigation and
prosecution of criminal cases.
A. P.D. 1928
B. P.D. 1892
C. P.D. 1829
D. P.D. 1982
9. This Law penalizes the act, with intent to gain, of buying,

selling, receiving, possessing, keeping, or in any other
manner dealing in anything of value which a person knows
or should have known to be derived from the proceeds of
the crime of robbery or theft.
A. P.D. 1261
B. P.D. 1216
C. P.D. 1621
D. P.D. 1612
10. One of the following accessory is not exempt from criminal

liability.
A. When the Principal is his Spouse
B. When the Principal is his Ascendant
C. When the Principal is his Descendant

Answer:
1. D
2. C
3. B
4. D
5. B
6. C
7. C
8. C
9. D
10. D
1. Suffering inflicted by the state for the transgression of a law.
A. Reward
B. Advantage
C. Penalty
2. A Theory of justifying penalty to prevent or suppress the

danger to the state arising from the criminal act of the
offender.
A. Prevention
B. Self-Defense
C. Reformation
D. Exemplarity
3. A Theory justifying penalty so as to protect society from
the threat and wrong inflicted by the criminal.
A. Theory of Prevention
B. Theory of Self-Defense
C. Theory of Reformation
D. Theory of Justice
4. A Theory Justifying penalty where the object of punishment

in criminal cases is to correct and reform the offender.
D. Theory of Exemplarity
5. A Theory justifying penalty where the criminal is punished

to serve as an example to deter others from committing
crimes.
D. Theory of Exemplarity
6. A Theory justifying penalty, that crime must be punished

by the state as an act of retributive justice, a vindication
of absolute right and moral law violated by the criminal.
B. Theory of Reformation
C. Theory of Exemplarity
D. Theory of Justice
7. A Legislative Act which inflicts punishment without trial.

A. Bill of Attainder
B. Ex Post Facto Law
C. Republic Act
8. Which of the following is not an Ex Post Facto Law?

A. A Law which makes criminal an act done before the
passage of the law and which was innocent when done.
B. A Law which aggravates a crime or makes it greater than
it was when committed.
C. A Law which changes the punishment and inflicts a greater
punishment than the law annexed to the crime when
committed.
9. Which of the following crimes will not extinguish the

criminal liability of the offender even if pardoned by the
offended party?
A. Adultery
B. Seduction
C. Concubinage
D. Homicide
10. Fines when imposed alone as penalty, in the amount of

201 pesos to 6000 pesos is considered
A. Afflictive Penalty
B. Correctional Penalty
C. Light Penalty
11. Fines when imposed alone as penalty, over 6000 pesos

is considered
A. Afflictive penalty
C. Light penalty
12. Fines when imposed alone as penalty, in the amount of

200 pesos and less is considered
A. Afflictive Penalty
C. Light penalty

Answer:
1. C
2. A
3. B
4. C
5. D
6. D
7. A
8. D
9. D
10. B
11. A
12.
1. Breach of allegiance to the government by a person who owes
allegiance it.
A. Espionage
B. Rebellion
C. Sedition
D. Treason
2. Treason can be proven by Judicial Confession of the accused

or testimony of at least how many witness?
A. At Least 1 Witness
B. At Least 2 Witness
C. At Least 3 Witness
D. At Least 4 Witness
3. The Offense of gathering, transmitting, or losing information

respecting the national defense with intent or reason to
believe that the information is to be used to the injury of
the Republic of thre Philippines or the advantage of a
foreign nation.
A. Treason
B. Espionage
C. Sedition
D. Rebellion
4. One of the following felonies may be committed not only

during war but also during peace time.
A. Treason
B. Misprision of Treason
C. Espionage
D. Piracy
5. An Act to punish Espionage and other offenses against

national security.
A. C.A. No. 616
B. C.A. No. 716
C. C.A. No. 816
D. C.A. No. 916
6. It is robbery or forcible depredation on the high seas, without

lawful authority and done with animo furandi and in the
spirit and intention of universal hostility.
A. Piracy
B. Mutiny
C. High Jacking
D. Robbery on the the High Seas
7. The Unlawful Resistance to a superior or the raising of

commotions and disturbances on board a ship against the
authority of its commander.
A. Piracy
B. Mutiny
C. High Jacking
D. Rebellion
8. Anti-Hijacking Law is known as
A. R.A. No. 6553
B. R.A. No. 6523
C. R.A. No. 6253
D. R.A. No. 6235
9. The Anti-Piracy and Anti-Highway Robbery Law of 1974 is

known as
A. P.D. No. 532
B. P.D. No. 523
C. P.D. No. 253
D. P.D. No. 235
10. The deprivation by a public officer of the liberty of a person

without any legal ground.
A. Arbitrary Detention
B. Illegal Detention
C. Kidnapping
Answer:
1. D
2. B
3. B
4. C
5. A
6. A
7. B
8. D
9. A
10. A

1. One of the following is not a crime against the law of nation.
A. Treason
B. Qualified Piracy
C. Flight to Enemy's Country
D. Arbitrary Detention
2. One of the following is not a crime against the Fundamental

Laws of the State.
A. Qualified Piracy
B. Arbitrary Detention
C. Delaying Release
D. Expulsion
3. It is the offense committed by expelling a person from the

Philippines or by compelling a person to change his residence.
A. Light Threats
B. light Coercion
C. Expulsion
D. Grave Threats
4. The term used where the object of the movement is
completely to overthrow and supersede the existing
government.
A. Insurrection
B. Rebellion
C. Sedition
5. The term refers to a movement which seeks merely to effect

some change of minor importance to prevent the exercise
of governmental authority with respect to particular matters
or subjects.
A. Insurrection
B. Rebellion
C. Sedition
6. R.A. No. 6235 is known as

A. Anti-Hijacking Law
B. Anti-Piracy and Anti-Highway Robbery Law of 1974
C. An Act To Punish Espionage
7. All of the following except one are crimes against public order.
A. Coup D' Etat
B. Sedition
C. Treason
D. Rebellion
8. This felony involves the raising of commotions or disturbances

in the State. Its ultimate object is a violation of the public
peace or at least such a course of measures as evidently
engenders it.
A. Coup D' Etat
B. Rebellion
C. Sedition
D. Treason
9. Committed by a person who being under oath and required to

testify as to the truth of a certain matter at a hearing before a
competent authority, shall deny the truth or say something
contrary to it.
A. Slander
B. Perjury
C. Libel
D. False testimony
10. Lax, Unrestrained, immoral, maintainer of house of

prostitution.
A. Dissolute
B. Prostitutes
C. Ruffians
D. Vagrants
Answer:
1. D
2. A
3. C
4. B
5. A
6. A
7. C
8. C
9. D
10. A
Heinous Crimes Act Of 1993
R.A. No 7659
The Crimes Punishable by death are:

1. Treason
2. Qualified Piracy
3. Qualified Bribery
4. Parricide
5. Murder
6. Infanticide - however,if any crime penalized in this article be
committed by the mother of the child for the purpose of
concealing her dishonor, she shall suffer the penalty of prision
mayor in its medium and maximum periods, and if said crime be
committed for the same purpose by the maternal grandparents or
either of them, the penalty shall be reclusion temporal.
7. Kidnapping and Serious Illegal Detention
8. Robbery - when by reason or on occasion of the robbery, the crime
of homicide shall have been committed, or when the robbery shall
have been accompanied by rape or intentional mutilation or arson.
9. Destructive Arson
10.Rape - a. committed with the use of deadly weapon or by two or
more persons.
b. when by reason or on the occasion of the rape, the
victim has become insane.
c. when the rape is attempted or frustrated and a
homicide is committed by reason or on the occasion
thereof.
11.Plunder
12.Violations of Dangerous Act
13.Carnapping
General rule: the death penalty shall be imposed in all cases upon

which it must be imposed under existing laws.
Exceptions: in which cases the penalty shall be reduced to reclusion

perpetua.
1. When the guilty person is below 18 years of age at the time of the
commission of the crime.
2. When the guilty person is over 70 years
Republic Act No. 8294

Law Penalizing Illegal Possession of Firearms
Persons Liable:
1. Any person who shall unlawfully manufacture, deal in, acquire,

dispose, or possess any low-powered firearm, part of firearm,
ammunition, or machinery, tool or instrument used or intended to
be used in the manufacture of any firearm or ammunition; The
owner, president, manager, director or other responsible officer of
any public or private firm, company, corporation or entity, who
shall
willfully or knowingly allow any of the firearms owned by such
firm,
company, corporation, or entity to be used by any person or
persons found guilty of violating the provisions of the preceding
paragraphs or willfully or knowingly allow any of them to use
unlicensed firearms or firearms without any legal authority to be
carried outside of their residence in the course of their
employment;

2. Any person who shall carry any licensed firearm outside his
residence without legal authority therefor;

3. Any person who shall unlawfully manufacture, assemble, deal in,
acquire, dispose or possess hand grenades, rifle grenades, and
other explosives or other incendiary devices capable of producing
destructive effect on contiguous objects or causing injury or
death to any person; Any person who shall unlawfully tamper,
change, deface or erase the serial number of any firearm and

4. Any person who shall unlawfully repack, alter or modify the
composition of any lawfully manufactured explosives.

Act What is the crime
No other crime: Illegal possession only Illegal possession
Other Crime except homicide or Murder Crime Committed: Illegal possession is not a
separate
offense nor is it aggravating. Offender is exonerated
of Illegal possession
Murder or Homicide
Murder or Homicide with special aggravating
circumstance of illegal possession
Rebellion or Insurrection, Sedition, or Attempted
Coup d' etat Rebellion or Insurrection, Sedition, or Attempted
Coup d' etat, Illegal possession is absorbed as an
element thereof
Unlicensed Firearms May Include
1. Firearms with expired license or
2. Unauthorized used of licensed firearm in the commission of the crime
People vs. Ladjaalam - (2000) The language of RA 8294 effectively

exonerates the accused of illegal possession, an offense which may carry a heavier penalty than the
other crime committed.Indeed, the accused may evade conviction for illegal possession by committing
a lighter offense like alarm and scandal.However, the wisdom of RA 8294 is not subject to the court's
review.
Anti-Money Laundering Act Of 2001 R.A. NO. 9160
Money Laundering - is a crime whereby the proceeds of an unlawful

activity are transacted, thereby making them appear to have originated from legitimate sources.
Persons Liable:
1. Any person knowing that any monetary instrument or property
represents,involves or relates to, the proceeds of any unlawful
activity, transacts or attempts to transact said monetary
instrument or property.
2. Any person knowing that any monetary instrument or property
involves the proceeds of any unlawful activity, performs or fail to
perform any act as a result of which he facilitates the offense of
money laundering referred to in paragraph 1 above.
3. Any person knowing that any monetary instrument or property is
required under this act to be disclosed and filed with the
Anti-Money Laundering Council (AMLC) fails to do so.

Covered Transaction: Transaction in excess of P500,000. within one banking day.
Suspicious Transaction, Requisites:
1. Covered Institution
2. Regardless of amount and
3. Any of the following circumstances:
a. no economic justification
b. client not properly identified
c. amount not commensurate with financial capacity
d. structured to avoid reporting
e. deviation from client's profile or past transactions
f. unlawful activity under this act
g. similar or analogous
Unlawful Activity
1. Kidnapping for ransom
2. Comprehensive Dangerous Drugs Act of 2002 (Sec. 4,5,6,8,9,10,12,
14,15,16)
3. Anti-Graft and Corrupt Practices Act (Sec.3,par.B,C,E,G,H,I)
4. Plunder
5. Robbery and Extortion
6. Jueteng and Masiao punished as illegal gambling
7. Piracy on the High Seas
8. Qualified Theft
9. Swindling
10.Smuggling
11.Electronic Commerce Act of 2000
12.Hijacking and Other Violation Of RA 6235,Destructive and Murder,
including those perpetrated by terrorists against non-combatants
13.Securities Regulation Code of 2000
14.Offenses of similar nature punishable by foreign penal laws.
What is required to be reported?

Covered Institutions shall report to the Anti-Money Laundering Council
all covered transactions and suspicious transactions within 5 working days from the occurrence.
Authority to inquire into bank deposits

1. Court order upon showing of probable cause that the deposit is
related to an unlawful activity or a money laundering offense.
2. No court order required for the ff: unlawful activities:
a. Kidnapping for ransom
b. Comprehensive Dangerous Drugs Act of 2002, Hijacking and
other violations of RA 6235, Destructive and Murder, including
those perpetrated by terrorists against non combatants.

Prosecution of Money Laundering
1. Offender may be charged with and convicted of both money
laundering and the unlawful activity
2. Proceeding of unlawful activity shall be given precedence over the
prosecution for money laundering, without prejudice to freezing
and other remedies of this act.

Criminal Law RPC

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Criminal Law RPC

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Criminal law RPC (Book 1)

Criminal Law - a branch of municipal law which defines crimes,

General - binding on all persons who reside or sojourn in the

Note: Consuls, Vice Consuls, and other foreign

Territorial - Penal laws of the Philippines are enforceable only

Prospective - The law does not have any retroactive effect.

Exception to the Exception:

Theories of Criminal Law

2. Positivist Theory - basis is the sum of social and economic

3. Mixed Theory - combination of the classical and positivist

Construction of Penal Laws

Limitations on Power of Congress to Enact Penal Laws

Criminal Law Review Questions 1

2. One of the following is not a characteristic of criminal law.

3. Criminal law is binding on all person who reside or sojourn

4. One of the characteristics of criminal law is generality. Which

5. One of the following person is not immune from Philippine

6. Penal laws of the Philippines are enforceable only within

7. One of the following is not an exceptions to the territorial

8. Criminal law does not have any retroactive effect. This

9. When the law is favorable to the accused, is an exception

10. A Theory of criminal law, Basis is man's free will to choose

Criminal Law Review Questions 2

2. In the construction of penal laws, it must be ______________

3. Which of the following is not a limitation on power of

4. The Revised Penal Code took effect on

5. What determines whether a vessel is a Philippine vessel for

6. Crimes committed aboard foreign vessel within the territorial

7. Crimes committed aboard a foreign vessel within the

8. For Offenses committed aboard foreign vessel committed in

9. Acts and omissions punishable by the RPC is known as

10. Acts and omissions punishable by any law is known as

Criminal Law Review Questions 3

2. There is no crime when there is no law punishing it. In

3. These Felonies are committed by means of deceit (dolo).

4. These Felonies are committed by means of fault.

5. This classification of felony has the following requisites,

6. This classification of felony has the following requisites:

7. Which of the following is not a characteristics of an offense

8. Which of the following is not a characteristic of an offense

9. Moving power which impels one to act.

10. Purpose to use a particular means to effect a result.

Criminal Law Review Questions 4

2. In Criminal Law, Abberatio Ictus means

4. The cause which in the natural and continuous sequence,

5. Which of the following is not a requisites of an impossible

6. A Stage in the execution of felonies when all the elements

7. This Stage in the execution of felonies have the following

8. This Stage in the execution of felonies have the following

9. In the stages of execution of felonies, the element that all

Criminal Law Review Questions 5

2. The General Rule is that light felonies are punishable only

3. Two or more persons come to an agreement for the

4. A Person has decided to commit a felony and proposes its

6. Under the RPC, Correctional penalties are imposed for a

7. Under the RPC, aresto menor is imposed for a

8. Light Felonies are punishable by

9. Where the act of a person is in accordance with law, such

10. Grounds for exception from punishment because there is

2. One who acts with complete deprivation of intelligence or

3. Offender uses violence or physical force to compel

4. Offender employs intimidation or threat in compelling

5. The Juvenile Justice and Welfare Act is known as

6. Mental capacity to fully appreciate the consequences of