Criminal Law I SYLLABUS: Book I (Articles 1-113, RPC) and Related Special Penal Laws

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Criminal law I SYLLABUS

Book I (Articles 1-113, RPC) and Related Special Penal Laws


1. FUNDAMENTAL/GENERAL PRINCIPLES (Art. 1 & 2)
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 vs. Retroactivity
(a) Effects of repeal/amendment of penal laws
c) Pro reo principle
d) Interpretation of penal laws
c) Constitutional Limitations on the Power of Congress to enact penal laws
(i) Equal Protection Clause
(ii) Due process
(iii) Non-Imposition of cruel and unusual punishment or excessive fines
(iv) Act Prohibiting the Imposition of Death Penalty in the Philippines (RA 9346)
(v) Bill of attainder
(vi) Ex Post Facto Law
2. FELONIES
A. CRIMINAL LIABILITIES (Art. 3-10)
(i) Classifications of felonies
(ii) Elements of criminal liability (Aberratio ictus, error in personae, and praeter intentionem)
(iii) Impossible crime
(iv) Stages of execution
(v) Conspiracy and proposal
(vi) Multiple offenders (differences, rules, effects)
(i) Recidivism (ii) Habituality ( Reiteracion ) (iii) Quasi –Recidivism
(iv) Habitual Delinquency
(vii) Continuing crimes
(viii) Complex, special complex and composite crimes (Art. 48 RPC)
(ix) Classifications of Felonies Accdg. to Gravity – RA No. 10951 (RPC Indexation Act of
2016)
B. CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY (Art. 11 to 15)
(1) Justifying circumstances
(i) Anti-Violence Against Women and Their Children Act of 2004 (R.A. No. 9262)
(a) Battered woman syndrome
(2) Exempting circumstances
(ii) Juvenile Justice and Welfare Act of 2006 (R.A. No. 9344) as amended by RA
10630; also refer to Child and Youth Welfare Code (P.D. 603, as amended)
(a) Definition of Child in Conflict with the Law (CICL)
(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 Sec. 57 of R.A. No. 9344
(g) Offenses not applicable to children under Sec. 58 of R.A. No. 9344 as amended
(3) Mitigating circumstances
(4) 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 (P.D.
1866, as amended by R.A. No. 8294 and RA 10591) as an aggravating circumstance
(b) The Comprehensive Dangerous Drugs Act of 2002 (R.A. No.
9165/RA10640)
(i) As a qualifying aggravating circumstance
(ii) Immunity from prosecution and punishment, coverage
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COURSE SYLLABUS
CRL-124-10/19/2020
CP STR JR
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(iii) Minor offenders
(iv) Application/Non- application of RPC provisions (Sec. 98, R.A.
No. 9165) provisions (Sec. 98) cf. Art. 10, RPC
(iii) Specific
(iv) Inherent
(5) Alternative circumstances
(6) Absolutory causes

C. PERSONS CRIMINALLY LIABLE/DEGREE OF PARTICIPATION. (Art. 16-20)


1. Principals, Accomplices and Accessories
a) Decree Penalizing Obstruction of Apprehension and Prosecution of Crim’l
Offenders (PD1829)
(i) Punishable acts (ii) Compare with Art. 20, RPC accessories exempt from criminal
liability
3. PENALTIES (Art. 21-88)
a) General principles
(i) Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A. No. 9346)
b) Purposes
c) Classification
d) Duration and Effect (RA 10592 amendment to Art. 29)
e) Application
(i) Indeterminate Sentence Law (R.A. 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 (P.D. 968, as amended by RA 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
(i) The Comprehensive Dangerous Drugs Act of 2002 as amended; (ii)
Juvenile Justice and Welfare Act of 2006 as amended; also refer to Child and Youth
Welfare Code (P.D. 603, as amended).
a) Definition of child in conflict with the law
(b) Exemption from criminal liability
(c) Juvenile justice and welfare system
4. MODIFICATION AND EXTINCTION OF CRIMINAL LIABILTY (Art. 89-99)
a) Prescription of crimes; 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
f) Computation for good conduct time allowance (RA 10592, amended Arts. 94, 97, 98 & 99)
5. CIVIL LIABILITY FOR FELONIES (Art. 100-113)
a) Persons civilly liable for felonies
b) What civil liability includes
c) Extinction and survival of civil liability
IMPORTANT NOTE:
All Supreme Court Decisions pertinent to the listed topics, promulgated up to October
23, 2020 and those that may thereafter be considered landmark cases are covered in the
recitations/ exams.

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