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Revised Progmod1 Crim-Law-Ii 2019-2020
Revised Progmod1 Crim-Law-Ii 2019-2020
School of law
CRIMINAL LAW II
Atty. Lorenzo U. Padilla, A.B., LL.B., M.B.A., LL.M.
1. To understand the various crimes against property which are defined
and penalized under the Revised Penal Code, as amended(CHAPTER 1-- Robbery
in General: robbery with violence against or intimidation of persons [robbery with
violence against or intimidation of persons; robbery with physical injuries,
committed in an uninhabited place and by a band, or with the use of firearm on a
street, road or alley; attempted and frustrated robbery committed under certain
circumstances, and execution of deeds by means of violence or intimidation];
robbery with force upon things [robbery in an inhabited house or public building
or edifice devoted to religious worship; robbery in an inhabited place and by a
band; robbery in an uninhabited place or in a private building; robbery of cereals,
fruits or firewood in an uninhabited place or private building]; CHAPTER 2 --
Brigandage: brigandage and aiding and abetting a band of brigands; CHAPTER
3 -- Theft: simple and qualified theft, and theft of property of the National Library
and National Museum; CHAPTER 4 -- Usurpation: occupation of real property
or usurpation of real rights in property, and altering boundaries and landmarks;
CHAPTER 5 - Culpable insolvency: fraudulent insolvency; CHAPTER 6 --
Swindling and Other Deceits: swindling (estafa), other forms of swindling,
swindling a minor, and other deceits; CHAPTER 7 -- Violation of Security under
Chattel Mortgage: removal, sale or pledge of mortgaged property; CHAPTER 8
-- Arson and other crimes involving destruction: destructive arson, simple arson,
and other cases of arson; CHAPTER 9 -- Malicious mischief: malicious mischief,
1
special cases of malicious mischief, damage and obstruction to means of
communication, and destruction or damaging statues, public monuments or
paintings, as well as those defined and penalized under special penal statutes
(simple arson, other cases of arson, etc.), their respective elements, penalties,
special grounds for exemption from criminal liability for certain crimes against
property, and related concepts; and,
Laws to be considered.
Arts. 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306,
307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322,
323, 324, 325, 326, 327, 328, 329, 330, 331, 332, Revised Penal Code, as amended
by Republic Act No. 7659;
2
O. Republic Act No. 8484 (particularly, Secs. 9, 10, 11, 12, 13 and
14), entitled “ACCESS DEVICE REGULATION ACT OF 1998”);
P. Republic Act No. 9160, entitled “AN ACT DEFINING THE
CRIME OF MONEY LAUNDERING, PROVIDING PENALTIES THEREFOR
AND FOR OTHER PURPOSES”, as amended; and
Q. Republic Act No. 10951 (AN ACT ADJUSTING THE AMOUNT OR
THE VALUE OF PROPERTY AND DAMAGE ON WHICH A PENALTY IS BASED, AND
THE FINES IMPOSED UNDER THE REVISED PENAL CODE, AMENDING FOR THE
PURPOSE ACT NO. 3815, OTHERWISE KNOWN AS “THE REVISED PENAL CODE”, AS
AMENDED).
4
Program Module No. 2
Specific learning objectives - Laws to be considered - Cases for mandatory
reading - Cases for optional reading - General direction of the session
1. To understand the various crimes against persons which are defined
and penalized under the Revised Penal Code, as amended (CHAPTER 1 --
Destruction of Life: parricide; death or physical injuries inflicted under
exceptional circumstances; murder; homicide; frustrated parricide, murder or
homicide; death caused in a tumultuous affray (including physical injuries inflicted
in a tumultuous affray); giving assistance to suicide; infanticide; abortion, whether
intentional or unintentional, whether practiced by the pregnant woman herself or
by her parents, and/or by a physician or midwife, including dispensing of
abortives; duel and challenging to a duel; CHAPTER 2 -- Physical Injuries:
mutilation; serious physical injuries; less serious physical injuries; slight physical
injuries and maltreatment; and administering injurious substances or beverages;
and CHAPTER 3 – Rape: rape by non-consented carnal knowledge, and rape in
the form of other non-consented sexual assault; as well as those defined and
penalized under special penal statutes (violations of the Anti-Hazing Law, and
other related laws [Pres. Dec. No. 1866, on Illegal Possession of Firearms and/or
Explosives of the Qualified/Aggravated Form, as amended by Republic Act No.
8294 and 9516; Republic Act No. 10591, otherwise known as the “Comprehensive
Firearms and Ammunition Regulation Act”; Republic Act No. 9745 (Penalizing
Torture and other cruel, Inhuman and Degrading Treatment or Punishment, etc.),
their respective elements, penalties and related concepts; and,
Laws to be considered.
5
Arts. 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259,
260, 261, 262, 263, 264, 265, and 266, as amended by Rep. Act No. 7659, and
Arts. 266-A, 266-B, 266-C, and 266-D, all of the Rev. Pen. Code, as amended by
Rep. Act No. 8353;
B. Pres. Dec. No. 1866, as amended by Rep. Act No. 8294 and 9516;
E. Arts. III, IV, V, VIII and XII, Rep. Act No. 7610 (Establishing
Special Protection for Victims of Child Abuse);
7
Laws to be considered.
Arts. 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280,
281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, and 292, Revised Penal
Code, as amended by Republic Act No. 7659;
8
2. Special penal legislations (only for partial integration).
A. Arts. 59 and 60, Pres. Dec. No. 603, as amended (The Child and
Youth Welfare Code);
B. Arts. III, IV, V, VIII and XII, Rep. Act No. 7610 (Establishing
Special Protection for Victims of Child Abuse);
D. Rep Act No. 7890 (amending Art. 286, Rev. Pen. Code);
9
6. People vs. Gutierrez, 197 SCRA 569;
7. People vs. Lim, 190 SCRA 760;
8. People vs. Rama, 192 SCRA 274; and,
9. People vs. Vivar, 188 SCRA 1.
10
Program Module No. 4
Specific learning objectives - Laws to be considered - Cases for mandatory
reading - Cases for optional reading - General direction of the session
Laws to be considered.
Arts. 203, 204, 205, 206, 207, 208, 209, 210, 211, 211-A, 212, 213, 214,
215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230,
231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, and 245,
Rev. Pen. Code, as amended;
12
PURPOSE ACT NO. 3815, OTHERWISE KNOWN AS “THE REVISED PENAL CODE”, AS
AMENDED).
13
PROGRAM MODULE NO. 5
Specific learning objectives - Laws to be considered - Cases for mandatory
reading -Cases for optional reading - General direction of the session
1. To understand the definition of various crimes against public order
(PART I --rebellion or insurrection, coup d'etat, conspiracy and proposal to
commit coup d'etat, rebellion or insurrection, disloyalty of public officers, inciting
to rebellion or insurrection, sedition, conspiracy to commit sedition, inciting to
sedition; crimes against popular representation [crimes against legislative and
similar bodies: acts tend ing to prevent the meeting of legislative assembly and
similar bodies; disturbance of proceedings; violation of parliamentary
immunity]; illegal assemblies and associations; PART II -- assault upon, and
resistance and disobedience to persons in authority and their agents: direct
assaults, indirect assaults, disobedience to summons issued by the Congress, its
committees or sub-committees, by the Constitutional Commissions, its
committees or sub-committees or divisions, resistance and disobedience to a
person in authority or agents of such persons; public disorders: tumults and other
disturbances of public order [tumultuous disturbance or interruption liable to
cause disturbance], unlaw ful use of means of publication and unlawful
utterances, alarms and scandals, delivery of prisoners from jail; evasion of
service of sentence, evasion of service of sentence on the occasion of disorders,
conflagrations, earthquakes, and other cases of evasion of service of sentence;
and, quasi-recidivism [commission of another crime during service of penalty
imposed for another previous offense]) punished under the Revised Penal Code
(Arts. 134 to 160) and Special Laws (PRES. DEC. NO. 1866, as amended
by REPUBLIC ACT NO. 8294 [unlawful manufacture, sale, acquisition,
disposition or possession of firearms or ammunition or instruments used or
intended to be used in the manufacture of firearms or ammunition [Sec. 1] and
presumption of illegal manufacture of firearms or ammunition (Sec. 2)] and 9510
[unlawful manufacture, sale, acquisition, disposition, importation or possession of
an explosive or an incendiary device (Sec. 3), unlawful manufacture, sale,
acquisition, disposition, importation or possession of a part, ingredient,
machinery, tool or instrument used or intended to be used for manufacture,
14
construction, assembly, delivery or detonation (Sec. 3-A), penalty for owner,
president, manager, director, or other responsible officer of any public or private
firm, company, corporation or entity (Sec. 3-B), relationship of other crimes with
the violation of this decree and penalty therefor (Sec. 3-C), former conviction or
acquittal; double jeopardy (Sec. 3-D)]; COMMONWEALTH ACT NO. 408
[ARTICLES OF WAR], as amended, on certain acts constituting desertion [Art.
58], desertion [Art. 59], advising or aiding another to desert [Art. 60],
entertaining a deserter [Art. 61], disrespect toward the president, vice-president,
congress of the philippines, or secretary of national defense [Art. 63], disrespect
toward superior officer [Art. 64], assaulting or willfully disobeying superior
officer [Art. 65], insubordinate conduct toward non-commissioned officer [Art.
66], mutiny or sedition [art. 67], failure to suppress mutiny or sedition [Art. 68],
quarrels; frays; disorders [Art. 69] ), their respective elements, penalties and
related concepts; and,
2. To examine cases involving crimes against public order for purposes of
refining the students' understanding of the relevant provisions and concepts and
their applications to actual situations.
Laws to be considered.
Arts. 203, 204, 205, 206, 207, 208, 209, 210, 211, 211-A, 212, 213, 214,
215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230,
231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, and 245,
Rev. Pen. Code, as amended;
15
PURPOSE ACT NO. 3815, OTHERWISE KNOWN AS “THE REVISED PENAL CODE”, AS
AMENDED).
17
evidence); CHAPTER 3 -- Frauds: machinations, monopolies, and
combinations (machinations at public auctions; monopolies and combinations in
restraint of trade); frauds in commerce and industry (importation and disposition
of falsely marked articles or merchandise made of gold, silver, or other
precious metals or their alloys; substituting and altering trademarks, trade
names or service marks; unfair competition, fraudulent registration of trade name,
trademark, or service mark, fraudulent designation of origin and false
description), punishable under the Revised Penal Code and in special penal
statutes (REPUBLIC ACT NO. 427, on possession and exportation of silver and/or
nickel coins aggregating in excess of fifty pesos; PRESIDENTIAL DECREE NO. 247,
on defacement, mutilation, burning or destruction of central bank notes and coins;
ACT NO. 1851, on forgery or alteration of telegram; REPUBLIC ACT NO. 10,
on performance of acts pertaining to government, persons in authority or public
officers, with or without pretense of official position; COMMONWEALTH
ACT NO. 142, as amended on illegal use of aliases; REPUBLIC ACT NO. 75,
on using uniform, decoration or regalia of foreign state [Sec. 3]; REPUBLIC
ACT NO. 493, on wearing insignia or emblem or rank of members of armed
forces or Philippine national police; REPUBLIC ACT NO. 7581, on violation of
price ceilings and illegal acts of price manipulations; REPUBLIC ACT NO.
7394, on violation of penal provisions of the Consumer Act of the Philippines for
consumer protection; REPUBLIC ACT NO. 8293, otherwise known as the
“Intellectual Property Code”, on unfair competition and infringement of
trademarks, etc.; BATAS PAMBANSA BLG. 22, on the issuance of bouncing
checks; REPUBLIC ACT NO. 8484, on access device fraud, etc.; Republic Act
No. 9160, as amended by Rep. Act No. 9194, on money-laundering; REPUBLIC
ACT NO. 8792, on offenses relative to electronic commerce, such as hacking [Sec.
33(a)], piracy [Sec. 33(b)], violations of the Consumer Act of Republic Act No.
7394 and other relevant to pertinent laws through transaction covered by or using
electronic data messages or electronic documents [Sec. 33(c)], other violations
[Sec. 33(d)]; REPUBLIC ACT NO. 9105, on art forgery), their respective
elements, penalties and related concepts; and,
2. To examine cases involving crimes against public interest for purposes of
refining the students' understanding of the relevant provisions and concepts and
their applications to actual situations.
Laws to be considered.
18
Arts. 203, 204, 205, 206, 207, 208, 209, 210, 211, 211-A, 212, 213, 214,
215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230,
231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, and 245,
Rev. Pen. Code, as amended;
K. Republic Act No. 8484 (particularly, Secs. 9, 10, 11, 12, 13 and 14),
entitled “ACCESS DEVICE REGULATION ACT OF 1998”); and,
L. Republic Act No. 9160, entitled “AN ACT DEFINING THE CRIME
OF MONEY LAUNDERING, PROVIDING PENALTIES THEREFOR AND
FOR OTHER PURPOSES”, as amended by Republic Act No. 9194;
19
M. Republic Act No. 9239, otherwise known as the “OPTICAL MEDIA
ACT OF 2003”, particularly Secs. 19, 20 [determination of penalties], 21 [persons
liable], 23 [disposal of seized materials]).
P. Republic Act No. 10951 (AN ACT ADJUSTING THE AMOUNT OR THE
VALUE OF PROPERTY AND DAMAGE ON WHICH A PENALTY IS BASED, AND THE
FINES IMPOSED UNDER THE REVISED PENAL CODE, AMENDING FOR THE
PURPOSE ACT NO. 3815, OTHERWISE KNOWN AS “THE REVISED PENAL CODE”, AS
AMENDED).
20
See TARGET II-01-04 SYLLABUS.
21
Program Module No. 7
Specific learning objectives - Laws to be considered - Cases for mandatory
reading - Cases for optional reading - General direction of the session
22
results (section 37); ARTICLE VIII –violation of confidentiality of records
(section 72); ARTICLE XI – failure or refusal to appear as prosecution
witness in drug cases on the part of law enforcement agencies and other
government officials or employees (section 91); delay and bungling in the
prosecution of drug cases (section 92); acting as “protector/coddler” to certain
violators of the Comprehensive Dangerous Drugs Act of 2002 (sections 4, 5, 6, 8
and 16), and the penalties prescribed for such violations (see sections cited and
sections 35, accessory penalties; sections 17, 27, 28, 31, 32 (additional
administrative sanctions), 37, 72 (when confidential records used for blackmail
or other unlawful purposes), and 91 (prosecution thereunder not prejudicial to
liability incurred under other laws), including confiscation and forfeiture
provisions(section 20);
23
and 34: GRANT OF IMMUNITY FROM PROSECUTION AND
PUNISHMENT;
Laws to be considered.
25
Program Module No. 8
Specific learning objectives - Laws to be considered - Cases for mandatory
reading - Cases for optional reading - General direction of the session
Laws to be considered.
27
Program Module No. 9
Specific learning objectives - Laws to be considered - Cases for mandatory
reading - Cases for optional reading - General direction of the session
1. To understand the various crimes against chastity which are defined
and penalized under the Revised Penal Code, as amended(CHAPTER 1—
Adultery and concubinage; CHAPTER 2 – Acts of lasciviousness; CHAPTER 3
– Seduction, corruption of minors and white slave trade: qualified seduction,
simple seduction, consented acts of lasciviousness, corruption of minors, white
slave trade; CHAPTER 4 -- Abduction: forcible abduction, consented abduction;
CHAPTER 5 – Provisions relating to Chapters 1 to 4 of Title Eleven: as to the
prosecution of crimes of adultery, concubinage, abduction and acts of
lasciviousness; the civil liability of persons guilty of crimes against chastity, and;
the liability of ascendants, guardians, teachers, or other persons entrusted with the
custody of the offended party; as well as those defined and penalized under special
penal statutes (sexual harassment under Rep. Act No. 7877; child prostitution and
other sexual abuse, as well as child trafficking, under Rep. Act No. 7610, and
Trafficking in Persons under Rep. Act No. 9208, etc.), their respective elements,
penalties, special grounds for exemption from criminal liability for certain crimes
against property, and related concepts; and,
2. To examine cases involving crimes against chastity for purposes of refining
the students' understanding of the relevant provisions and concepts and their appli-
cations to actual situations.
Laws to be considered.
A. Arts. 333, 334, 335 [Repealed; see Arts. 226-A, 226-B, 226-C, and
226-D], 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, and 346, Rev. Pen.
Code, as amended by Republic Act No. 7659 and 8353;
28
2. Special penal legislations (only for partial integration).
A. Rep. Act No. 8353, repealing Art. 335, Rev. Pen. Code;
E. Arts. 40, 41, 195, Family Code, Executive Order No. 209, as
amended.
29
General direction of session.
30
Laws to be considered.
Arts. 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, and 364, Rev.
Pen. Code; and,
31
A. Sec. 24, Rep. Act No. 6425, as amended by Rep. Act No. 7659;
Sec. 29, Rep. Act No. 9165; and
32
PROGRAM MODULE NO. 11
Specific learning objectives - Laws to be considered - Cases for mandatory
reading -Cases for optional reading - General direction of the session
33
of 2009”, on acts of torture [Sec. 4], other cruel, inhuman, or degrading treatment
or punishment [Sec. 5], prohibited detention [Sec. 7], who are criminally liable
[Sec. 13], penalties [Sec. 14], torture as separate and independent crime [Sec. 15],
applicability of the Revised Penal Code [Sec. 20]; REPUBLIC ACT NO. 9851,
otherwise known as the “Philippine Act on Crimes Against International
Humanitarian Law, Genocide, and Other Crimes Against Humanity”, on apartheid
[Sec. 3(a)], arbitrary deportation or forcible transfer of population [Sec. 3(b)],
enforced or involuntary disappearance of persons [Sec. 3(g)], persecution [Sec.
3(p)], torture [Sec. 3(s)], penalties [Sec. 7],), their respective elements, penalties
and related concepts; and,
Laws to be considered.
ARTS. 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 280, 286, and
287, REVISED PENAL CODE;
D. REPUBLIC ACT NO. 9372, Secs. 7, 17, 18, 19, 20, 21, 24, 25, 26,
and 27;
E. REPUBLIC ACT NO. 9745, Secs. 4, 5, 7, 13, 14, 15, and 20;
F. REPUBLIC ACT NO. 9851, Secs. 3(a), 3(b), 3(g), 3(p), (s), and7;
34
H. SEC. 7, RULE 112, SECS.1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14,
RULE 113, RULE 115 and SECS. 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, Rule 126,
2000 REVISED RULES ON CRIMINAL PROCEDURE (as amended in 2000);
J. Republic Act No. 10951 (AN ACT ADJUSTING THE AMOUNT OR THE
VALUE OF PROPERTY AND DAMAGE ON WHICH A PENALTY IS BASED, AND THE
FINES IMPOSED UNDER THE REVISED PENAL CODE, AMENDING FOR THE
PURPOSE ACT NO. 3815, OTHERWISE KNOWN AS “THE REVISED PENAL CODE”, AS
AMENDED).
35
See TARGET II-01-2 SYLLABUS.
36
Program Module No. 12
Specific learning objectives - Laws to be considered - Cases for mandatory
reading - Cases for optional reading - General direction of the session
1. To understand the various crimes against the civil status of persons
(CHAPTER 1 — Simulation of births and usurpation of civil status: simulation
of births, substitution of one child for another and concealment or abandonment of
a legitimate child; and usurpation of civil status; CHAPTER 2 – Illegal
marriages: bigamy; marriage contracted against provisions of laws; premature
marriages; and performance of illegal marriages; as well as those defined and
penalized under special penal statutes (child trafficking and attempt to commit the
same, as well as simulation of birth, under Rep. Act No. 7610; simulation of births
under Rep. Act No. 8043, 8552, and 9208, as well as matching Filipino women for
marriage to foreigners on mail order basis and similar practices under Rep. Act
No. 6955, etc.), their respective elements, penalties, special grounds for exemption
from criminal liability for certain crimes against property, and related concepts;
and,
2. To examine cases involving crimes against the civil status of persons
for purposes of refining the students' understanding of the relevant provisions and
concepts and their applications to actual situations.
Laws to be considered.
Arts. 347, 348, 349, 350, 351, and 352, Rev. Pen. Code;;
E. Arts. 26, 2nd par., 35, 36, 37, 38, 40, 41, and 53, Family Code,
Executive Order No. 209, as amended;
I. Arts. 13, 27-30, 45-55, and 56-57, Chapter III, and Art. 180, Pres.
Dec. No. 1083 (Code of Muslim Personal Laws); and
38
6. United States vs. Dulay, 10 Phil. 305; and
7. United States vs. San Juan, 25 Phil. 513.
39
PROGRAM MODULE NO. 13
Specific learning objectives - Laws to be considered - Cases for mandatory
reading -Cases for optional reading - General direction of the session
2. To examine cases involving crimes against national security and the
law of nations for purposes of refining the students' understanding of the
relevant provisions and concepts, and their application to actual situations.
ARTS. 2, 8, 9, 20, 64, 114, 115, 116, 117, 118, 119, 120, 121, 122 and
123, REVISED PENAL CODE;
40
A. COMMONWEALTH ACT NO. 616(Espionage, etc.) ;
I. Republic Act No. 10951 (AN ACT ADJUSTING THE AMOUNT OR THE
VALUE OF PROPERTY AND DAMAGE ON WHICH A PENALTY IS BASED, AND THE
FINES IMPOSED UNDER THE REVISED PENAL CODE, AMENDING FOR THE
PURPOSE ACT NO. 3815, OTHERWISE KNOWN AS “THE REVISED PENAL CODE”, AS
AMENDED).
41
1. People vs. Perez, 83 Phil. 1;
2. United States vs. Caballeros, et al., 4 Phil. 350;
3. People vs. Elicanal, 36 Phil. 209;
4. People vs. Siyoh, 141 SCRA 356;
5. People vs. Adlawan, 83 Phil. 194;
6. Santos vs. Misa, 76 Phil. 415;
7. People vs. Ang Chio Kio, 95 Phil. 475.
8. United States vs. Herrman, 4 Phil. 307;
9. United States vs. Dasal, 3 Phil. 6;
10. People vs. Catantan, G.R. No. 118075, September 5, 1997;
11. People vs. Tulin, G. R. No. 111709, August 30, 2001.
42
Program Module No. 14
Specific learning objectives - Laws to be considered - Cases for mandatory
reading - Cases for optional reading - General direction of the session
3. To review the effects of the Revised Penal Code on laws enacted
prior to it,as well as the scope and consequences of its repealing clause, on the old
Penal Code as well as on special penal statutes in effect as of the date of its
effectivity.
Laws to be considered.
43
PURPOSE ACT NO. 3815, OTHERWISE KNOWN AS “THE REVISED PENAL CODE”, AS
AMENDED).
44