~ STATISTICAL DATA OF THE BAR COVERAGE FOR CRIMINAL LAW AT A GLANCE ~

A. ESSAY: BASIS: Lex Pareto 2010: [Essay topics for the past 18 years {1990-2008}] Percentage of Bar Coverage and Most Frequently Asked Topics for essay in order of frequency (Top 15 for the RPC & Top 10 for the Special Laws)
I. REVISED PENAL CODE: 80% BOOK I: Art. 4 Criminal Liability; Art. 8 Conspiracy & Proposal to Commit a Felony: Art. 11 Justifying Circumstances; Art. 48 Complex Crimes; Art. 13 Mitigating Circumstances: Art. 14 Aggravating Circumstances; Art. 3 Definitions: Art. 12 Circumstances Exempting Criminal Liability: Art. 17 Principals; Art. 2; Application of its Provisions; Art. 89 Extinguishment of Criminal Liability; Art. 19 Accessories; Art. 6 Consummated, frustrated, and attempted felony; Art. 36 Pardon; Art. 90 Prescription; Art. 15 Alternative Circumstances BOOK II: Art. 248 Murder; Art. 315 Estafa; Art. 294 Robbery with Violence against or intimidation of persons; Art. 249 Homicide; Art. 217 Malversation of Public Funds or property; Art. 134 & 134A Rebellion or Insurrection; Art. 266-A Rape; Art. 308 Theft; Art. 172 Falsification by Private Individual and Use of Falsified Documents; Art. 365 Imprudence and Negligence; Art. 246 Parricide; Art. 267 Kidnapping & Serious Illegal Detention; Art. 247 Death or Physical Injuries inflicted under exceptional circumstances; Art. 148 Direct Assault; Art. 293 Robbery II. SPECIAL LAWS AND OTHER STATUTES: 22% R.A. 9165 Comprehensive Dangerous Drugs Act R.A. 4103 Indeterminate Sentence Law R.A. 3019 Anti-Graft and Corrupt Practices R.A. 7610 Child Abuse R.A. 8294 Illegal Possession of Firearms R.A. 6539 Anti-Carnapping Law P.D. 968 Probation Law P.D. 1612 Anti-Fencing Law P.D. 532 Anti-Piracy and Anti-Highway Robbery Law B.P. 22 Bouncing Checks Law III. OTHERS: 5% ********************************************************************* R.A. 9262 Anti-VAWC Act R.A. 9372 Anti-Torture Act

2012 BAR EXAMS

1 2 1 1 1 1 .5 1 1 3 75

R.A. 9165 Comprehensive Dangerous Drugs Act

R.A. 3019 Anti-Graft & Corrupt Practices Act R.A. 9344 Juvenile Justice & Welfare Act R.A. 9775 Anti-Child Pornography Act P.D. 1613 Anti-Arson Law P.D. 1866 Decree Codifying Unlawful Possession of Firearms, etc. B.P. 22 Bouncing Checks Law Doctrines TOTAL:

BOOK 1: C1: Fundamental Principles: IIII - 4 1. Scope of Application and Characteristics of Philippine Criminal Law (Generality): I 2. Territoriality: II 3. Effect of Repeal of a Law: I C2: Felonies: IIIIIIII - 8 1. Classification of Felonies: II 2. Elements of Criminal Liability: II 3. Stages of Execution (attempted): I 4. Complex crimes (special complex & compound): II 5. Conspiracy and proposal: I C3: Circumstances Affecting Criminal Liability: IIIIIIIIIIIIIIIIII - 18 1. Justifying Circumstances: II 2. Alternative Circumstances: I 3. Aggravating Circumstances: IIII 4. Mitigating Circumstances: IIIIIIIIII 5. Exempting Circumstances: I C4: Persons Criminally Liable: III - 3 1. Principals: I 2. Accomplice: II C5: Penalties: I - 1 1. Duration and Effect: I - 1 BOOK 2: C1: Crimes Against National Security: I - 1 1. Treason (& variations): I C2: Crimes Against Public Order: II - 2 1. Sedition: I 2. Rebellion: I C7: Crimes Committed by Public Officers: III 3 1. Malversation of Public Funds: I 2. Bribery (& variations): II C8: Crimes Against Persons: IIII- 4.5 1. Murder: I.5 2. Homicide: I 3. Exceptional Circumstances: I 4. Rape: I C9: Crimes Against Personal Liberty & Security: III - 3 1. Kidnapping: I 2. Unlawful Arrest: I 3. Grave Coercion: I C10: Crimes Against Property: IIIIIIII - 8 1. Robbery (& variations): III 2. Swindling: I 3. Theft: I 4. Estafa: II 5. Malicious Mischief: I C12: Crimes Against Civil Status: I - 1 1. Bigamy: I C13: Crimes Against Honor: IIIII - 5 1. Libel: IIII 2. Slander: I C14: Criminal Negligence: I - 1 1. Medical Malpractice: I

B. MCQS: BASIS: 2011 Bar Examination MCQs (100 items)

TOPIC B1: Fundamental Principles B1: Felonies B1: Circumstances Affecting Criminal Liability B1: Persons Criminally Liable B1: Penalties B2: Crimes Against National Security B2: Crimes Against Public Order B2: Crimes Committed by Public Officers B2: Crimes Against Persons B2: Crimes Against Personal Liberty & Security B2: Crimes Against Property B2: Crimes Against Civil Status B2: Crimes Against Honor B2: Criminal Negligence # OF TIMES 4 8 18 3 1 1 2 3 4.5 3 8 1 5 1


SPECIAL LAWS & DOCTRINES: IIIIIIIIIII.5 = 12.5 1. R.A. 9165 CDDA (Entrapment): I 2. Doctrine (Nullum crimen nula poena sine lege): I 3. R.A. 9262 (Battered Woman Syndrome): II 4. R.A. 9372 (Anti-Torture Act): I 5. R.A. 3019 (Anti-Graft & Corrupt Practices Act): I 6. Doctrine (Motive): II 7. P.D. 1613 (Anti-Arson Law): .5 8. P.D. 1866 (Illegal Possession of Firearms): I 9. B.P. 22 (Bouncing Checks Law): I 10. R.A. 9344 (Juvenile Justice & Welfare Act): I 11. R.A. 9775 (Anti-Child Pornography Act): I ********************************************************************* DISCHARGED

2012 BAR EXAMS

Illegal discharge of firearm Physical Injuries Attempted homicide or murder Grave threat Grave coercion

C. SUMMARY OF PERTINENT PERIODS IN CRIMINAL LAW:

CRIMINAL LAW PERIODS Period / Years PRESCRIPTION OF CRIMES: Article 90, Revised Penal Code Crimes punishable by Death, Reclusion 20 years Perpetua or Reclusion Temporal Other afflictive penalties 15 years Correctional penalties 10 years Arresto mayor 5 years Libel and similar offenses 1 year Oral Defamation or Slander by Deed 6 months Light Offenses 2 months PRESCRIPTION OF PENALTIES: Article 92, Revised Penal Code Death and Reclusion Perpetua 20 years Other afflictive penalties 15 years Correctional penalties 10 years Arresto mayor 5 years Light Penalties 1 year

NOT DISCHARGED and POINTED TO A PERSON

UNLICENSED FIREARM (no license or duly licensed but unauthorized use)

particular person Firearm is pointed to a particular person but NO intent to kill and the person was NOT hit Firearm is pointed to a particular person and the person was hit and injured BUT NO intent to kill Firearm is pointed to a particular person and fired WITH intent to kill Threatening the commission of a crime and imposing a condition Threat was direct, immediate, and serious and the person is compelled or prevented to do something against his will Mere possession Used to kill a person

Rebellion, insurrection, sedition, or coup was committed

Simple illegal possession of firearm Homicide or murder with the aggravating circumstance of unlicensed firearm Use of unlicensed firearm is absorbed

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D. DIAGRAMS OF CERTAIN CRIMES W/COMMON ELEMENTS:

Common element: Use of fire What is the purpose? Crime Conceal the killing by burning Two separate crimes of homicide the house of the victims and arson Means to kill (e.g. house was burned to kill the victims inside) Murder But other houses were also burned separate crime of arson for the other houses burned Special complex crime of destructive arson Homicide because the use of fire MUST be purposefully resorted to in order to kill

To burn a house but there is somebody inside who was killed A joke which resulted to death

Common element: Use of firearms Circumstances: Was it discharged? Was there intent to kill? Was it licensed? Circumstances Specific situation Crime In a public place BUT the Alarms and FIREARM firearm is NOT pointed to a scandals 2

Common element: Victim was taken away What is the original intent? Circumstances Crime Additional Crime circumstance s Deprivation Kidnapping - Detention Serious of liberty or lasted more illegal merely detain than 3 days detention - Offenders simulated public authority - Physical injuries were inflicted - Threats to kill have been made - Victim is a female, public officer or minor except when accused is any of the parents Original Rape intent is to (taking of the rape woman will be absorbed because it is incidental to or the means committed to


rape)

2012 BAR EXAMS

Original intent is to kidnap and the rape was an afterthought

Original intent was to take the victim away WITH lewd designs

Composite crime of Kidnapping with rape if both crimes are consummat ed if multiple rapes only one crime of kidnapping w/rape Forcible abduction if rape is merely attempted its a manifestati on of lewd designs

If rape was merely attempted

Two separate crimes of Kidnapping and Attempted rape

If rape was committed as an afterthought

Complex crime of Forcible abduction with rape if multiple rapes only 1 rape shall be complexed w/ abduction, the other rapes will be treated as separate crimes

Common element: Use of Threat Crime Grave Threat Light Threat Other Light Threat Wrong threatened Crime Not Crime Not Crime Condition With or Without With Condition Without Condition

Common element: Use of Intimidation Circumstances: Crime If immediate but conditional and coupled Robbery with demand for money or consideration Future or conditional Threat Direct, immediate, personal, and serious Coercion enough