BAR LAW FOR DUMMIES TRAINING PROGRAM

ADDITIONAL TOPICS FOR 2022 CRIMINAL LAW BAR SYLLABUS

TITLE: REPUBLIC ACT NO. 10592 (AMENDMENTS TO ARTICLES 29, 94, 97, 98 AND 99 OF
THE RPC)

Q: WHEN MAY CRIMINAL LIABILITY BE PARTIALLY EXTINGUISHED?

A: Article 94 of the RPC, criminal liability is extinguished partially:

"1. By conditional pardon;

"2. By commutation of the sentence; and

"3. For good conduct allowances which the culprit may earn while he is undergoing
preventive imprisonment or serving his sentence."

Q: WHAT IS ALLOWANCE FOR GOOD CONDUCT?

A: ART. 97. Allowance for good conduct. – The good conduct of any offender qualified for
credit for preventive imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner
in any penal institution, rehabilitation or detention center or any other local jail shall entitle him to
the following deductions from the period of his sentence:

"1. During the first two years of imprisonment, he shall be allowed a deduction of twenty
days for each month of good behavior during detention;

"2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a
reduction of twenty-three days for each month of good behavior during detention;

"3. During the following years until the tenth year, inclusive, of his imprisonment, he shall
be allowed a deduction of twenty-five days for each month of good behavior during detention;

"4. During the eleventh and successive years of his imprisonment, he shall be allowed a
deduction of thirty days for each month of good behavior during detention; and

"5. At any time during the period of imprisonment, he shall be allowed another deduction of
fifteen days, in addition to numbers one to four hereof, for each month of study, teaching or
mentoring service time rendered.

"An appeal by the accused shall not deprive him of entitlement to the above allowances for
good conduct."

Q: What is special time allowance for loyalty?

A: ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the period of his
sentence shall be granted to any prisoner who, having evaded his preventive imprisonment or the
service of his sentence under the circumstances mentioned in Article 158 of this Code, gives himself
up to the authorities within 48 hours following the issuance of a proclamation announcing the
passing away of the calamity or catastrophe referred to in said article. A deduction of two-fifths of
the period of his sentence shall be granted in case said prisoner chose to stay in the place of his
confinement notwithstanding the existence of a calamity or catastrophe enumerated in Article 158
of this Code. "This Article shall apply to any prisoner whether undergoing preventive imprisonment
or serving sentence."
TITLE: COMMUNITY SERVICE ACT (R.A. NO. 11362; A.M. NO. 20-06-14-SC)

Q: WHAT IS COMMUNITY SERVICE?

A: Article 88a of the Act No. 3815 is hereby inserted to read as follows:

"ART. 88a. Community Service. - The court in the discretion may, in lieu of service in jail,
require that the penalties of arresto menor and arresto mayor may be served by the defendant by
rendering community service in the place where the crime was committed, under such terms as the
court shall determine, taking into consideration the gravity of offense and the circumstances of the
case, which shall be under the supervision of a probation officer: Provided, That the court will
prepare an order imposing the community service, specifying the number of hours to be worked and
the period within which to complete the service. The order is then referred to the assigned probation
officer who shall have responsibility of the defendant.

"The defendant shall likewise be required to undergo rehabilitative counseling under the
social welfare and development office of the city or municipality concerned with the assistance of
the Department of Social Welfare and Development (DSWD). In requiring community service, the
court shall consider the welfare of the society and the reasonable probability that the person
sentenced shall not violate the law while rendering a public service.

"Community service shall consist of any actual physical activity which inculcates civic
consciousness, and is intended towards the improvement of a public work or promotion of a public
service.

"If the defendant violates the terms of the community service, the court shall order his/her
re-arrest and the defendant shall serve the full term of the penalty, as the case may be, in jail, or in
the house of the defendant as provided under Article 88. However, if the defendant has fully
complied with the terms of the community service, the court shall order the release of the defendant
unless detained for some other offenses.ℒαwρhi ৷

"The privilege of rendering community service in lieu of service in jail shall be availed of only
once."

Q. WHAT IS Swindling by Syndicate (P.D. No. 1689)?

A: Section 1. Any person or persons who shall commit estafa or other forms of swindling
as defined in Article 315 and 316 of the Revised Penal Code, as amended, shall be punished by life
imprisonment to death if the swindling (estafa) is committed by a syndicate consisting of five or
more persons formed with the intention of carrying out the unlawful or illegal act, transaction,
enterprise or scheme, and the defraudation results in the misappropriation of money contributed by
stockholders, or members of rural banks, cooperative, "samahang nayon(s)", or farmers association,
or of funds solicited by corporations/associations from the general public.

When not committed by a syndicate as above defined, the penalty imposable shall be
reclusion temporal to reclusion perpetua if the amount of the fraud exceeds 100,000 pesos.

New Anti-Carnapping Act of 2016 (Secs. 3 to 4, R.A. No. 10883)

Q: WHAT IS CARNAPPING?

A: Section 3. Carnapping; Penalties. - Carnapping is the taking, with intent to gain, of a

motor vehicle belonging to another without the latter’s consent, or by means of violence against or
intimidation of persons, or by using force upon things

Any person charged with carnapping or when the crime of carnapping is committed by criminal
groups, gangs or syndicates or by means of violence or intimidation of any person or persons or
forced upon things; or when the owner, driver, passenger or occupant of the carnapped vehicle is
killed or raped in the course of the carnapping shall be denied bail when the evidence of guilt is
strong.
PRACTICAL EXERCISES

COPY DEMURRER TO EVIDENCE

COPY PETITION FOR BAIL

COPY MOTION TO QUASH

COPY INFORMATION

COPY COMPLAINT AFFIDAVIT AND INFORMATION

 REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
CITY OF MUNTINLUPA

THE PEOPLE OF THE PHILIPPINES

Complainant,
-vs- For: Bigamy (Art. 349, Revised Penal Code)
VICTOR GUEVARRA,
Respondent.
X-----------------------------------------X

COMPLAINT-AFFIDAVIT
I, Yvonne Aguilluz-Guevarra, of legal age, married and a resident of 123 Malate, Manila
after being sworn in accordance with law depose and say that:
1. That the respondent Victor Guevarra and I met sometime in January 2012 while
being schoolmates at San Beda College In Alabang and became sweethearts after a
short courtship;
2. As we were both too much in love, we hastily got married on November 25, 2012 in
a civil wedding ceremony solemnized by the Mayor of the City of Manila. Copy of
the Certificate of Marriage dated May 25, 2013 issued by the NSO is hereto
attached as Annex ‘A”;
3. After our wedding, we lived together as husband and wife in our conjugal dwelling
in Sierra Subdivision, Manila City;
4. Several months into our marriage, respondent began to exhibit his irresponsibility
and no caring attitude. He would leave the house and would come back only after
several days. Such behaviour on the part of respondent resulted in our quarrels and
verbal altercations;
5. Sometime in June 2013, we had a violent quarrel brought about by his rude
behavior and his expression of animosity toward my parents. He did not approve of
their frequent visits in our house;
6. After our quarrel, he left our conjugal dwelling and this was the last time I ever saw
him. Since then, I had not seen, communicated nor heard anything from him or
about his whereabouts. So I returned to my parents' abode at Las Piñas and stayed
there for about two months;
7. To cope with the sudden turn of events in my life, I went abroad to Washington D.,
U.S., on September 06, 2013 to unwind and for employment purposes as well, and
came home after almost two years.
8. Sometime in August 2015, a relative who works in the City of Muntinlupa informed
me that my husband, respondent Victor Guevarra has gotten married to another
woman, a certain Janine Arguello, in a religious ceremony solemnized by Fr.
 Ramonito Sequito at the Jerome Emiliani Church in the City of Muntinlupa, on
February 14, 2015. A copy of their Certificate of Marriage is hereto attached as
Annex “B”;
9. My marriage with respondent Victor Guevarra is still subsisting and has not been
annulled or dissolved. His act of contracting a second marriage to Janine Arguello
despite the subsistence of our marriage constitutes the crime of bigamy punishable
under Article 349 of the Revised Penal Code.
I executed the foregoing Complaint-Affidavit to attest to the truth of the facts stated and
for the purpose of charging
National Capital Judicial Region Muntinlupa, Branch 127

PEOPLE OF THE PHILIPPINES,

Plaintiff,
-vs.- Criminal Case No. 2015- For: Bigamy
VICTOR GUEVARRA,
Accused.
x---------------------------------------------x
INFORMATION
The undersigned, City Prosecutor, upon a sworn complaint originally filed by the offended
spouse, YVONNE AGUILLUZ GUEVARRA, accuses VICTOR GUEVARRA of the crime of BIGAMY,
committed as follows:

That on or about February 14, 2015, in the City of Muntinlupa, Philippines, and within the
jurisdiction of this court, the above-named accused, VICTOR GUEVARRA, being then previously
united in a lawful marriage with YVONNE AGUILLUZ GUEVARRA and without such marriage
having been legally dissolved or annulled, did then and there willfully, unlawfully and feloniously
contract a second marriage with JANINE ARGUELLO.

CONTRARY TO LAW.

Muntinlupa City, Philippines. January 11, 2016.

ATTY. JOHN M CASTILLO

Assistant City Prosecutor

IBP No. 095632; 01/06/14 – Muntinlupa

PTR No. 62348; 01/06/14 – Muntinlupa Roll No.
22135; 03/27/ MCLE No. 4-123; 05/15/

This is to certify that a preliminary investigation has been conducted in the above-entitled
case, wherein the accused was given a chance to appear, but did not, and that on the basis of the