SYLLABUS FOR THE 2023 BAR EXAMINATIONS

CRIMINAL LAW (10%)

NOTE: All Bar candidates should be guided that only laws, rules, issuances, and
jurisprudence pertinent to the topics in this syllabus as of June 30, 2022 are
examinable materials within the coverage of the 2023 Bar Examinations. The
computation of penalties, including its application under the Indeterminate
Sentence Law, shall be excluded from the coverage.
I.
Book I [Articles 1-99 of the Revised Penal Code (RPC)]
A. General Principles
1. Mala In Se and Mala Prohibita
2. Scope and Characteristics
a) Generality
b) Territoriality
c) Prospectivity
3. Pro Reo Principle
4. Ex Post Facto Law
5. Interpretation of Penal laws
6. Retroactive Effect of Penal Laws
B. Felonies
1. Criminal Liabilities and Felonies
a) Classifications of Felonies
b) Aberratio
Ictus,
Error
In
Personae,
and
Praeter
Intentionem
c) Elements of Criminal Liability
d) Impossible Crime
e) Stages of Execution
f) Continuing Crimes
g) Complex Crimes and Composite Crimes
2. Circumstances affecting Criminal Liability
a) Justifying Circumstances
b) Exempting Circumstances
c) Mitigating Circumstances
d) Aggravating Circumstances
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e) Alternative Circumstances
f) Absolutory Causes
3. Persons Liable and Degree of Participation
a) Principals, Accomplices, and Accessories
b) Conspiracy and Proposal
c) Multiple Offenses (Differences, Rules, Effects)
(1) Recidivism
(2) Habituality (Reiteracion)
(3) Quasi-Recidivism
(4) Habitual Delinquency
Page 1 of 4d) Decree Penalizing Obstruction of Apprehension and
Prosecution of Criminal Offenders (PD 1829)
C. Penalties
1. Imposable Penalties [Include: Act Prohibiting the Imposition of
Death Penalty in the Philippines (RA 9346)]
2. Classification
3. Duration and Effects
4. Application
a) Subsidiary Imprisonment
b) Indeterminate Sentence Law (Act No. 4103, as amended)
5. Graduation of Penalties
6. Accessory Penalties
D. Execution and Service of Sentence
1. Three-Fold Rule
2. Probation Law (PD 968, as amended)
3. Juvenile Justice and Welfare Act (RA 9344, as amended)
4. 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 (RA 10951)
5. Community Service Act (RA 11362 and A.M. No. 20-06-14-SC)
E. Extinction of Criminal Liability
1. An Act Amending Articles 29, 94, 97-99 of the RPC (RA 10592)
F. Civil Liabilities in Criminal Cases
II.
Book II (Articles 114-365 of the RPC) and Related Special Laws
A. Crimes Against National Security and Laws of Nations (Arts. 114-123)
1. Anti-Piracy and Anti-Highway Robbery (PD 532)
a) Definition of Terms [Sec. 2]
b) Punishable Acts [Sec. 4]
2. Anti-Terrorism Act of 2020 (RA 11479, See ATA ruling in Calleja v.
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Executive Secretary, G.R. No. 252578, et al.)
a) Punishable Acts of Terrorism [Secs. 4-12]
b) Who are Liable [Secs. 3 (l) & (m), 14]
c) Surveillance of Suspects and Interception and Recording
of Communications [Sec. 16]
d) Detention Without Judicial Warrant [Sec. 29]
e) No Torture or Coercion in Investigation and Interrogation
[Sec. 33]
B. Crimes Against the Fundamental Laws of the State (Arts. 124-133)
1. Anti-Torture Act of 2009 (RA 9745)
a) Acts of Torture [Sec. 4]
b) Who Are Criminally Liable [Sec. 13]
C. Crimes Against Public Order (Arts. 134-160)
1. Comprehensive Firearms and Ammunition Regulation Act (RA
10591)
D. Crimes Against Public Interest (Arts. 161-187)
E. Crimes Relative to Opium and Other Prohibited Drugs
Page 2 of 41. Comprehensive Dangerous Drugs Act of 2002 [RA 9165, as
amended by RA 10640; Section 21 of the Implementing Rules and
Regulations (IRR) only]
F. Crimes Against Public Morals (Arts. 200-202)
1. Anti-Gambling Act (PD 1602, as amended by RA 9287)
a) Definition of Terms [Sec. 2, RA 9287]
b) Punishable Acts [Sec. 3, RA 9287]
G. Crimes Committed by Public Officers (Arts. 203-245)
1. Anti-Graft and Corrupt Practices Act (RA 3019, as amended)
a) Definition of Terms [Sec. 2]
b) Corrupt Practices of Public Officers [Sec. 3]
c) Prohibition on Private Individuals [Sec. 4]
d) Prohibition on Certain Relatives [Sec. 5]
e) Exceptions [Sec. 14]
2. Anti-Plunder Act (RA 7080, as amended by RA 7659)
a) Definition of Terms [Sec. 1, RA 7080]
b) Definition of Crime of Plunder [Sec. 2, RA 7080 as
amended by RA 7659]
c) Series and Combination
d) Pattern
3. Prohibition of Child Marriage Law (RA 11596)
a) Facilitation of Child Marriage by Public Officer [Sec. 4]
H. Crimes Against Persons (Arts. 246-266)
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1. Anti-Trafficking in Persons Act of 2003 (RA 9208, as amended by
RA 11862)
a) Acts of Trafficking in Persons [Sec. 4, RA 11862]
b) Acts that Promote Trafficking in Persons [Sec. 5, RA 11862]
c) Qualified Trafficking in Persons [Sec. 6, RA 11862]
2. Anti-Violence Against Women and Their Children Act of 2004 (RA
9262)
a) Definition of Terms [Sec. 3]
b) Acts of Violence Against Women and Their Children [Sec.
5]
c) Protection Orders [Secs. 8-16]
d) Battered Woman Syndrome as a Defense [Sec. 26]
3. Anti-Child Pornography Act of 2009 (RA 9775)
a) Definition of Terms [Sec. 3]
b) Unlawful or Prohibited Acts [Sec. 4]
4. Special Protection of Children Against Child Abuse, Exploitation,
and Discrimination Act (RA 7610, as amended)
a) Definition of Terms [Sec. 3, RA 7610]
b) Child Prostitution and Other Sexual Abuse [Sec. 5, RA 7610,
as amended by RA 11648]
c) Attempt to Commit Child Prostitution [Sec. 6, RA 7610)
d) Child Trafficking [Sec. 7, RA 7610, as amended by RA 11648]
e) Attempt to Commit Child Trafficking [Sec. 8, RA 7610]
f) Obscene Publication and Indecent Shows [Sec. 9, RA 7610,
as amended by RA 11648]
Page 3 of 4g) Employment of Children [Sec. 12, RA 7610 as amended by
RA 9231]
5. Prohibition of Child Marriage Law (RA 11596)
a) Definition of Terms [Sec. 3]
b) Unlawful Acts [Sec. 4]
c) Public Crimes [Sec. 5]
6. An Act Providing for Stronger Protection Against Rape and
Sexual Exploitation and Abuse, Increasing the Age for
Determining the Commission of Statutory Rape (RA 11648)
a) Amendment on Rape [Sec. 1]
b) Amendment on Qualified Seduction [Sec. 2]
I. Crimes Against Personal Liberty and Security (Arts. 267-292)
1. Cybercrime Prevention Act of 2012 (RA 10175)
a) Cybercrime Offenses [Sec. 4]
b) Other Offenses [Sec. 5]
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J. Crimes Against Property (Articles 293-332)
1. Anti-Fencing Law (PD 1612)
a) Fencing
(1) Definition [Sec. 2]
(2) Presumption of Fencing [Sec. 5]
b) Exception
(1) With Clearance or Permit to Sell [Sec. 6]
K. Crimes Against Chastity (Arts. 333-334, 336-346)
1. Anti-Photo and Video Voyeurism Act of 2009 (RA 9995)
a) Definition of Terms [Sec. 3]
b) Prohibited Acts [Sec. 4]
2. Special Protection of Children Against Child Abuse, Exploitation,
and Discrimination Act (RA 7610, as amended)
a) Child Prostitution and Other Acts of Abuse [Sec. 5, RA 7610,
as amended by RA 11648]
(1) Compare Prosecution for Acts of Lasciviousness
Under Art. 366, RPC, and RA 7610, as amended
L. Crimes Against the Civil Status of Persons (Arts. 347-352)
M. Crimes Against Honor (Arts. 353-364)
1. Cybercrime Prevention Act of 2012 (RA 10175)
a) Libel [Sec. 4 (c)(4)]
N. Criminal Negligence (Article 365)
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