Criminal Law I Important Dates: June 12, 2014 Independence Day ‘August 13, 2014 Midterm Exams August 21, 2014 Ninoy Aquino Day August 25, 2014 National Heroes Day ‘August 28, 2014 Founders Day Celebration October 10, 2014 Final Exams Syllabus': (Criminal Law T CHAPTER 1. FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW ‘A Definition of Criminal Law 4. Historical Perspective 2. Sources of Criminal Law 3. Theories in Criminal Law B. Scope of Application and Characteristics of Philippine Criminal Law 41. Generality 2, Territorilty / Art. 2, RPC 3. Prospectivity C. Constitutional Limitations on the Power of Congress to Enact Penal Laws 1. Equal Protection 2. Due Process 3. Non-imposition of Cruel and Unusual Punishment or Excessive Fines 4. Bill of Attainder 5. Ex Post Facto Law D. Basic Maxims in Criminal Law 1. Doctrine of Pro Reo 2. Nullum crimen, nuilum poena sine lege 3. Mens rea 4, Equipotse Doctrine CHAPTER 2. FELONIES MendowaAL/Si1iiman University collage of LawPreliminary Matters 1, Differentiating Felonies, Offenses, Misdemeanors and Crimes 2. Classification of Felonies ~ according to the manner of their commission ~as to nature ~ according to the stages of their execution ~ according to their gravity ~as to count B. Manner of Incurring Criminal Liability (Art. 3, RPC) Bul, Dolovs. Culpa a. Requisites of Doloor Culoa 1. Intentional Felonies => Mistake of fact 2. Culpable felonies 3. Felonies punished under special laws B.2_ Error In Personae/Aberratio Ictus/Praeter Intentionem (Art. 4, RPC) 8.3. Impossible Crimes (Art. 4, RPC) C. Nature of Felonies: Mala n Se vs. Mala Profibita D. Stages of Execution (Art. 6, RPC) E. AS to Gravity (Art. 9, RPC) F. Conspiracy and Proposal (Art. 8, RPC) G. Multiple Offenders 1. Recidivism 2, Habituality (Reiteracion) 3. Quast Recidivism 4, Habitual Delinquency H. Complex Crimes and Special Complex Crimes 1. Complex Crimes 2, Special Complex/Composite Crimes 3. Continued and Continuing Crimes (Delito Continuadle) CHAPTER 3. CIRCUMSTANCES THAT AFFECT CRIMINAL LIABILITY A. Justifying Circumstances MondowsKLv/Siliinan University College of LawCriminal Law 1. Self Defense ‘1.1 Anti-Violence Against Women and their Children Act of 2004 (R.A. 9262) on the Battered Woman Syndrome 2. Defense of Relatives +3. Defense of Strangers 4. Avoidance of a Greater Evil 5. Fulfillment of Duty or Lawful Exercise of Right or Office 6. Obedience to an Order Issued for some Lawful Purpose 8. Exempting Circumstances 1. Insanity and Imbecility 2. Minority 2.1 Juvenile Justice and Welfare Act (R.A. 9344), as amended by R.A. 10630 2.2 Child and Youth Welfare Code (P.D. 603 as amended) 3. Accident 4. Irresistible Force 5. Uncontrollable Fear 6. Insuperable or Lawful Cause CC. Mitigating Circumstances ‘D. Aggravating Circumstances 41. Generic Aggravating Circumstances 2. Qualifying Aggravating Circumstances. 2.1. Decree Coaifying the Laws on Tlegal/Unlawful Possession, Manufacture, Deal lng In, Acquisition or Disposition, of Firearms, Ammunition or Explosives (P.D. 1866 as amended by R.A. 8294 and R.A. 10591) as an aggravating circum- stance 2.2 The Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165) as a qualifying aggravating circumstance E. Alternative Circumstances F. Absolutory Circumstances CHAPTER 4. PERSONS CRIMINALLY LIABLE/DEGREE OF PARTICIPATION A. Principals 4. By direct participation 2. By inducement Mondo¥aALU/Siiiinan University College of aw3. By indispensable cooperation B. Accomplices C. Accessories CHAPTER S. PENALTIES ‘A. General Principles 1 Act Prohibiting the Imposition of the Death Penalty in the Philippines (R.A. 9346) . Penalties that may be Imposed . Specific Principal and Accessory Penalties D. Accessory Penalties . Measures Not Considered Penalties F. Application 1. Indeterminate Sentence Law 2. The Three-fold Rule 3. Subsidiary Imprisonment G. Special Rules 1. Complex Crimes. 2. Crimes Different from that Intended 3. Where the Offender is Below 18 Years Old H. Execution and Service 1. Probation Law 2. Juvenile Justice and Welfare Act (R.A. 9344), as amended by R.A. 10630 CHAPTER 6. MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY ‘A. Prescription of Crimes and Prescription of Offenses under Special Laws 8. Prescription of Penalties C. Pardon by the Offended Party D. Pardon by the Chief Executive E. Amnesty CHAPTER 7. CIVIL LIABILITY A. General Rule 1. Art. 100, Revised Penal Code MondozaALU/SiLiinan University College of Law2. Arts. 20, 1161, 2176, 2177 of the New Civil Code. 3, Rule 111 of the Rules on Criminal Procedure B. Special Cases 1. Acts of Insane Persons or Minors 2, Persons Acting under an Irresistible Force or Uncontrollable Fear 3. Civil Liability in cases of State of Necessity 4. Subsidiary Liability of Innkeepers, Tavernkeepers, and Proprietors of Establishments 5. Subsidiary Liability of Other Persons C. What Civil Liability Includes 1. Restitution 2. Reparation 3. Indemnification 3.1 Moral Damages in Certain Cases . Persons Civilly Liable E. Extinction of Civil Liability 1. Arts. 112-113, Revised Penal Code 2. Art. 1233, New Civil Code A lawyer is an officer of the courts; he is, "like the court itself, an instrument or agency to advance the ends of justice.” = Antero Pobre vs. Miriam Defensor-Santiago [A.C. No. 7399, August 25, 2009]; eiting Surigao Mineral Reservations Board vs. Cioribel | No, L-27072, January 9, 1970]. | "Sources: 1 Lule B. Reyes, The Revised Penal Code Book One, 18" Eatin (2012) 2. Prof. Ramen E=guera, University ofthe Philippines Cotege of Law, Dliman, Quezon Cty. ‘3. Criminal Law Roviener, UP Colege of Law Bar Operations Commission, Univesity of the Philippines CGalege of Law, Dliman, Quazon Cty. 4. Criminal Law Reviewer, Atenao Central Bar Operations, Ateneo de Manila Universty Schoo of Lav, Makati Cty, 5. Supreme Court 2018 Bar Examinations Sylabus on Criminal Law. MendoeahL0/Séliinan University College of Low