2024 Syllabus-based Visual Reviewer

CRIMINAL LAW

1. Criminal Liability - Article 4(1)

I. FUNDAMENTAL PRINCIPLES OF a. Actus reus and mens rea; Objective and
Subjective Elements
CRIMINAL LAW b. Aberratio ictus, error in personae, and
praeter intentionem
A. Schools of Thought c. Proximate Cause and Efficient
There are two theories in criminal law, to wit: Intervening Cause
classical theory and positivist theory. 2. Impossible Crime - Article 4(2)
3. Gravity of Felonies: Grave, Less Grave,
1. Classical Theory - Under the classical theory on and Light - Article 9, as amended by R.A. No.
which our penal code is mainly based, the basis of 10951
criminal liability is human free will. Man is 4. Stages of Execution - Article 6
essentially a moral creature with an absolute free a. Subjective Phase and Objective Phase
will to choose between good and evil. When he b. Preparatory and Overt Acts
commits a felonious or criminal act, the act is c. Attempted, Frustrated, and
presumed to have been done voluntarily, i.e., with Consummated Stages
freedom, intelligence, and intent. Man, therefore, d. Spontaneous Desistance
should be adjudged or held accountable for 5. Duty of the Courts in Case of Non-
wrongful acts so long as free will appears Punishable Act and Excessive Penalty - Article 5
unimpaired. (People v. Estrada, G.R. No. 130487, 6. Suppletory Application of the Revised
June 19, 2000) Penal Code - Article 10
2. Positivist Theory - B. Circumstances Affecting Criminal
3. Eclectic or Mixed Theory Liability
4. Utilitarian Theory 1. Justifying Circumstances - Article 11
2. Exempting Circumstances - Article 12
B. Construction or Interpretation of Penal Laws 3. Mitigating Circumstances - Article 13
1. Effects of Repeal/Amendments of Penal 4. Aggravating Circumstances - Article 14
Laws; Repeal by Reenactment 5. Alternative Circumstances - Article 15
2. Retroactive Effect of Penal Laws 6. Absolutory Causes
3. Pro Reo Principle C. Persons Criminally Liable and Degree of
4. Suppletory Application of the Revised Participation
Penal Code to Special Laws - RPC, art. 10 1. Principals, Accomplices, and Accessories
- Articles 16-20
C. Mala in se and mala prohibita 2. Conspiracy and Proposal - Article 8
a. As a mode of incurring criminal liability
D. Principles of Generality, Territoriality b. As a crime
and Prospectivity 3. Liability for Multiple Commission of
E. Constitutional Limitations on the Power Crimes
of Congress to Enact Penal Laws a. Recidivism - Article 14(9)
1. Equal Protection b. Habituality - Article 14(10)
2. Due Process c. Quasi-recidivism - Article 160
3. Bill of Attainder d. Habitual delinquency -Article 62(5)
4. Ex post facto Law D. Plurality of Crimes (Real and Ideal)
5. Cruel and Unusual Punishment; 1. Absorption System
Excessive Fine 2. Single Impulse Rule
II. REVISED PENAL CODE - BOOK ONE 3. Complex Crime - Article 48
A. Felonies (Article 3) 4. Special Complex Crime
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CRIMINAL LAW

5. Continuous/Continued Crime h. Probation - P.D. No. 968, as amended

6. Continuing Crime by R.A. No. 10707, secs. 4, 9 and 16
E. Penalties 2. Partial Extinction - Article 94, as
1. Nullum crimen, nulla poena sine lege - amended by R.A. No. 10592, secs. 2-5 a.
Article 21 Conditional Pardon - Article 95; Act No. 1524
2. Philosophical Theories b. Commutation of Sentence - Article 96
3. Classification of Penalties - Articles 25- c. Good Conduct Allowances - Article 97,
26, as amended by R.A. No. 10951 as amended by R.A. No. 10592, sec. 3
4. Duration and Effects of Penalties - d. Parole - Act No. 4103, sec. 5
Article 27 G. Civil Liability Ex-Delicto
5. Application and Graduation of Penalties 1. Primary and Subsidiary
- Articles 46, 50-57, 61-65 and 76-77 2. Restitution, Reparation, and
6. Accessory Penalties - Article 25 Indemnification - Articles 104-108
7. Preventive Imprisonment - Article 29, as 3. Civil Liability of an Offender Exempted
amended by R.A. No. 10592 from Criminal Liability - Article 101
8. Subsidiary Penalty - Article 39, as 4. Share of Each Person Civilly Liable for a
amended by R.A. No. 10159, sec. 1 Felony - Article 109
9. Community Service - Article 88a, as 5. Preference in Payment - Article 110
inserted by R.A. No. 11362, sec. 3; A.M. No. 20- 6. Persons Who Participated Gratuitously -
06-14-SC Article 111
10. Release on Recognizance - R.A. No. 7. Extinction and Survival of Civil Liability
10389 Ex-Delicto - Articles 112-113
11. Successive Service of Sentence - Article III. REVISED PENAL CODE - BOOK TWO
70 A. Title One - Crimes Against National
12. Three-Fold Rule - Article 70 Security and the Law of Nations (Articles 114-
13. Indeterminate Sentence Law - Act No. 123)
4103, as amended by Act No. 4225 and R.A. No. 1. Anti-Terrorism Act - R.A. No. 11479,
4203, secs. 1-2 secs. 3-12, 25, 26, 29 and 36
14. Anti-Death Penalty Law - R.A. No. 9346, 2. Terrorism Financing Prevention and
secs. 1-3 Suppression Act - R.A. No. 10168, secs. 4-9, 17
15. Pecuniary Liabilities - Article 38 and 19
(Note: The specific penalty for each crime is not 3. Anti-Piracy and Anti-Highway Robbery
included. The questions will provide the Law - P.D. No. 532, secs. 2-4
prescribed penalties in problems involving 4. Philippine Act on Crimes Against
application and graduation of penalties.) International Humanitarian Law, Genocide and
F. Extinction of Criminal Liability Other Crimes Against Humanity - R.A. No. 9851,
1. Total Extinction secs. 3¬6, 10-12 and 17
a. Death of Convict B. Title Two - Crimes against the
b. Service of Sentence Fundamental Law of the State (Articles 124-133)
c. Amnesty C. Title Three - Crimes against Public Order
d. Absolute Pardon (Articles 134-160)
e. Prescription of Crimes - Article 90; See D. Title Four - Crimes against Public
Periods of Prescription for Violations Penalized Interest (Articles 161-187)
by Special Acts - Act No. 3326, secs. 1-2 E. Title Six - Crimes against Public Morals
f. Prescription of Penalties - Article 91 (Articles 200-201)
g. Marriage between the Offender and the F. Title Seven - Crimes Committed by
Offended Party - Articles 266-C and 344 Public Officers (Articles 203-245)
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CRIMINAL LAW

1. Anti-Graft and Corrupt Practices Act - B. Anti-Online Sexual Abuse or

R.A. No. 3019, as amended by B.P. Blg. 195 and Exploitation of Children (OSAEC) and Anti¬Child
R.A. No. 10910, secs. 2-6, 9 and 11 Sexual Abuse or Exploitation Materials (CSAEM)
2. Anti-Plunder Act - R.A. No. 7080, as Act (R.A. No. 11930, secs. 3-8, 11-13, 14, 20, 22
amended by R.A. No. 7659 and 25)
a. Definition of Terms - Section 1
b. Definition of the Crime of Plunder - C. Anti-Photo and Video Voyeurism Act of
Section 2 2009 (R.A. No. 9995, secs. 3-7)
c. Series and Combination
d. Pattern D. Anti-Trafficking in Persons Act of 2003
e. Wheel and Chain Conspiracy (R.A. No. 9208, as amended by R.A. Nos. 10364
G. Title Eight - Crimes Against Persons and 11862, secs. 4-6)
(Articles 246-266-D) E. Anti-Violence Against Women and their
1. Anti-Hazing Act of 2018 - R.A. No. 8049, Children Act of 2004 (R.A. No. 9262, secs. 3, 5,
as amended by R.A. No. 11053, secs. 2-3, 12 and 8-16 and 24-27)
14 F. Comprehensive Dangerous Drugs Act of
H. Title Nine - Crimes against Personal 2002 (R.A. No. 9165, as amended by R.A. No.
Liberty and Security (Articles 267-292) 10640, secs. 4, 5, 6, 11-15, 21, 23-27, 29, 66, 68
I. Title Ten - Crimes against Property and 98; A.M. 18-03-16- SC; IRR of R.A. No. 9165,
(Articles 293-332) sec. 21)
1. Anti-Fencing Law of 1979 - P.D. No. G. Cybercrime Prevention Act of 2012 (R.A.
1612, secs. 2 and 5-6 No. 10175, secs. 4-7)
2. Bouncing Checks Law - B.P. Blg. 22, H. Special Protection of Children Against
secs. 1-3 and 5; A.C. No. 12-2000; A.C. No. 13- Abuse, Exploitation, and Discrimination Act
2001 (R.A. No. 7610, as amended by R.A. Nos. 9231
3. New Anti-Carnapping Act of 2016 - R.A. and 11648, secs. 3, 5, 6, 10, 12 and 16)
No. 10883, secs. 2(e), 3 and 4 I. Safe Spaces Act (R.A. No. 11313, secs. 3-
4. Motorcycle Crime Prevention Act - R.A. 7 and 11)
No. 11235, secs. 4, 7, 9 and 11¬13 J. An Act Providing for Stronger Protection
5. Law on Arson - P.D. No. 1613, secs. 1-7 Against Rape and Sexual Exploitation and
J. Title Eleven - Crimes against Chastity Abuse, Increasing the Age for Determining the
(Articles 333-346) Commission of Statutory Rape (R.A. No. 11648,
K. Title Twelve - Crimes against the Civil secs. 1-3)
Status of Persons (Articles 347-352) K. Juvenile Justice and Welfare Act (R.A.
L. Title Thirteen - Crimes against Honor No. 9344, as amended by R.A. No. 10630, secs.
(Articles 353-364) 4, 6-7, 20 and 38)
- Guidelines for the Imposition of Penalties in V. PRACTICAL EXERCISES
Libel Cases - A.C. No. 08-2008 Preparation of criminal complaint and/or
M. Title Fourteen - Quasi-Offenses (Article information
365)

IV. SPECIAL PENAL LAWS

A. Comprehensive Firearms and
Ammunition Regulation Act (R.A. No. 10591,
secs. 3 and 28-41)