MOCK BAR COVERAGE: CRIMINAL LAW

I. RPC and related Special Laws

A. Book 1 (Articles 1-99) [Exclude the provisions on civil liability]

1. Fundamental principles

a) Definition of Criminal Law

(i) Mala in Se and Mala Prohibita

(ii) Construction of penal laws

b) Scope of application and characteristics of Philippine Criminal law

(i) Generality
(ii) Territoriality
(iii) Prospectivity
(a) Effects of repeal/amendment of penal law

c) Constitutional limitations on the power of Congress to enact penal laws

(i) Equal Protection

(ii) Due process
(iii) Non-imposition of cruel and unusual punishment or excessive fines
(a) Act Prohibiting the Imposition of Death Penalty in the Philippines (RA No. 9346)
(iv) Bill of attainder
(v) Ex post facto law

2. Felonies

a) Classification of felonies
b) Elements of criminal liability
c) Impossible crime
d) Stages of execution
e) Conspiracy and proposal
f) Multiple offenders (differences, rules, effects)
(i) Recidivism
(ii) Habituality (Reiteracion)
(iii) Quasi-Recidivism
(iv) Habitual Delinquency
g) Continuing Crimes
h) Complex crimes and special complex crimes

3. Circumstances affecting criminal liability

a) Justifying circumstances
(i) Anti-Violence Against Women and Their Children Act of 2004 (RA No. 9262)
(a) Battered Woman Syndrome (BWS)

b) Exempting circumstances
(i) Juvenile Justice and Welfare Act of 2006 (RA No 9344); also refer to Child and Youth Welfare
Code (PD 603, as amended)
(a) Definition of child in conflict with the law
(b) Minimum age of criminal responsibility
(c) Determination of age
(d) Exemption from criminal liability
(e) Treatment of child below age of responsibility
 (f) Status offenses under Section 57 of RA No. 9344
(g) Offenses not applicable to children under Sec 58 of RA No 9344
c) Mitigating circumstances

d) Aggravating circumstances
(i) Generic
(ii) Qualifying
(a) Decree Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunition or Explosives (PD 1866, as amended by RA NO. 8294) as an
aggravating circumstance
(b) The Comprehensive Dangerous Drugs Act of 2002 (RA No. 9165)
(i) As a qualifying aggravating circumstance
(ii) Immunity from prosecution and punishment, coverage
(iii) Minor offenders
(iv) Application/Non-application of RPC provisions (Sec. 98, RA No 9165) provisions (Sec.98) cf.
Art 10, RPC

e) Alternative circumstances

f) Absolutory cause

4. Persons criminally liable/Degree of Participation

a) Degree Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders (PD 1829)
(i) Punishable acts
(ii) Compare with Art. 20, RPC (accessories exempt from criminal liability)

5. Penalties
a) General Principles
(i) Act Prohibiting the Imposition of Death Penalty in the Philippines (RA No. 9346)

b) Purposes
c) Classification
d) Duration and Effect
e) Application
(i) Indeterminate Sentence Law (RA No. 4103, as amended)
(a) Application on the imposed sentence
(b) Coverage
(c) Conditions of parole

(ii) Three-fold Rule

(iii) Subsidiary imprisonment

f) Execution and Service

(i) Probation Law (PD 698, as amended by RA No. 10707)
(a) Definition of Terms
(b) Purpose
(c) Grant of probation, manner and conditions
(d) Criteria of placing an offender on probation
(e) Disqualified offenders
(f) Period of Probation
(g) Arrest of probationer
(h) Termination of probation; exception
See also: The Comprehensive Dangerous Drugs Act of 2002 (RA NO. 9165)

(ii) Juvenile Justice and Welfare Act of 2006 (RA No. 9344); also refer to Child and Youth
Welfare Code (PD 603, as amended)
(a) Definition of Child in conflict with the law
(b) Exemption from criminal liability
 (c) Juvenile Justice and Welfare System

6. Modification and extinction of criminal liability

(a) Prescription of crime; Prescription of Violations of Special Laws (Act No. 3326)
(b) Prescription of Penalties
(c) Pardon by offended party
(d) Pardon by the Chief Executive
(e) Amnesty

B. Book II (Articles 114-365, RPC) and specifically included Special Laws

1. Crimes Against Nation Security (Art 114-123)

Include:
a) Anti-Piracy and Anti-Highway Robbery (PD 532)
(i) Definition of Terms
(ii) Punishable Acts

b) Anti-Hijacking Law (PD 6235)

(i) Punishable Acts

c) Human Security Act of 2007 (RA No. 9372)

(i) Punishable acts of terrorism
(ii) Who are liable

2. Crimes Against the Fundamental Laws of the State (Articles 124-133)

Include:
a) Human Security Act of 2007 (RA No. 9372)
 Period of Detention

b) Anti-Torture Act of 2009 (RA No 9745)

 Punishable Acts
 Who are Liable

3. Crimes Against Public Order (Articles 134-160)

Includes:
a) Decree Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition
of Firearms, Ammunition or Explosives (PD 1866, as amended by RA NO. 8294), as further amended by the
Comprehensive Firearms and Ammunition Regulation Act (RA No. 10591)

b) Human Security Act of 2007 (RA No. 9372)

 Punishable acts of terrorism
 Who are liable
 Absorption principle in relation to complex crimes

4. Crimes Against Public Interest (Articles 161-187)

Include:
a) RA No. 9194 – Anti-Money Laundering Act
 Punishable Acts
 Covered transactions
 Suspicious Transactions

5. Crimes Relative to Opium and Other Prohibited Drugs

a) The Comprehensive Dangerous Drugs Act of 2002 (RA NO. 9165)
 Punishable Acts
 Who are liable
 Attempt or conspiracy, effect on liability
 Immunity from prosecution and punishment
 Custody and disposition of confiscated, seized and/or surrendered dangerous drugs (Section 21, RA
 9165)
b) Implementing Rules and Regulations (IRR) of RA No. 9165

6. Crimes Against Public Morals (Articles 200-202)

Includes:
a) PD 1602 – Anti-Gambling Act as amended by RA 9287 – Illegal Numbers Game – which repealed Articles 195-
199 of the RPC)
 Punishable Acts

b) Anti-Trafficking in Person Act of 2003 (RA No. 9208)

 Punishable Acts

7. Crimes Committed by Public Officers (Articles 203-245)

Include:
a) Anti-Graft and Corrupt Practices Act (RA No. 3019, as amended)
 Coverage
 Punishable acts
 Exceptions

b) Anti-Plunder Act (RA No. 7080, as amended)

 Definition of Terms
 Ill-gotten wealth
 Plunder
 Series/Combination
 Pattern

c) Human Security Act of 2007 (RA No. 9372)

 Failure to deliver suspect to proper judicial authority
 Infidelity in the custody of detained persons
 False prosecution

8. Crimes Against Person (Article 246-266)

Include:
a) Anti-Violence against Women and their Children Act of 2004 (RA No. 9262)
 Punishable Acts

b) Anti-Child Pornography Act of 2009 (RA No. 9775)

 Definition of terms
 Unlawful or punishable acts

c) Anti-Hazing Law (RA No. 8049)

 Hazing
- Definition
- Allowed Initiation rites
 Who are liable
 Punishable Acts

d) Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act (RA No 7610, as
amended)
 Coverage
 Child prostitution, punishable acts
 Child trafficking, punishable acts

e) Juvenile Justice and Welfare Act of 2006 (RA No. 9344), as further amended by the Act Strengthening the
Juvenile Justice System in the Philippines (RA No. 10630). Read in relation with Child and Youth Welfare Code
(PD 603, as amended)
 Punishable Acts
 f) Human Security Act of 2007 (RA No. 9372)
 Punishable Acts
 Who are liable

9. Crimes Against Personal Liability and Security (Articles 267-292)

Include:
a) Anti-Wire tapping Act (RA No 4200)
 Punishable Acts
 Exceptions

b) Human Security Act of 2007 (RA No. 9372)

 Surveillance of suspects and interception and recording of communications
 Restriction on travel
 Examination of bank deposits and documents
- Judicial authorization
- Application
 Unauthorized revelation of classified materials

c) Anti-Trafficking in Persons Act of 2003 (RA No. 9208)

 Punishable Acts