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SYLLABUS FOR THE 2019 BAR EXAMINATIONS
CRIMINAL LAW
SYLLABUS FOR THE 2019 BAR EXAMINATIONS 1
CRIMINAL LAW 1
Contents 3
1. Revised Penal Code Book 1 3
1.1. General principles 3
1.1.1. Definition of Criminal Law 3
1.1.1.1. Mala in se vs. mala prohibita 3
1.1.2. Applicability and effectivity of the RPC 3
1.1.2.1. Generality 3
1.1.2.2. Territoriality 3
1.1.2.3. Prospectivity 4
1.1.3. Pro reo principle 4
1.2. Felonies 4
1.2.1 Criminal liabilities and felonies 4
1.2.1.1. Grave vs. less grave vs. light felonies 4
1.2.1.2. Aberratio ictus, error in personae, and praeter intentionem 5
1.2.1.3. Impossible crime 5
1.2.1.4 Stages of execution 5
1.2.1.5 Continuing crimes 5
1.2.1.6. Complex crimes and composite crimes 5
1.2.2. Circumstances affecting criminal liability 5
1.2.2.1. Justifying circumstances 5
1.2.2.2. Exempting circumstances 6
1.2.2.3. Mitigating circumstances 6
1.2.2.4. Aggravating circumstances 6
1.2.2.5. Alternative circumstances 7
1.2.2.6. Absolutory causes 7
1.2.3. Persons liable and degree of participation 7
1.2.3.1. Principals, accomplices, and accessories 7
1.2.3.2. Conspiracy and proposal 8
1.2.3.3. Multiple offenders (differences, rules, effects) 8
1.2.3.4 Include: Obstruction of Justice (P.D. No 1829) 8
1.3. Penalties 8
1.3.1 Principles 8
1.3.2 Penalties that may be imposed and retroactive effect of penal laws 8
1.3.3. Classification 8
1.3.4. Duration and effects 8
1.3.5. Application 9
1.3.5.1. RPC provisions 9
1.3.5.2. Indeterminate Sentence Law (Act No. 4103) 9
1.3.5.3. Three-fold rule 9
1.3.5.4. Subsidiary imprisonment 9
1.3.6. Graduation of penalties 9
1.3.7. Accessory penalties 9
1.3.8. Computation of Penlaties 9
1.3.9. Execution and service 9
1.3.9.1 RPC provisions 10
1
1.3.9.2. Probation Law (PD 968, as amended) 10
1.3.9.3 Juvenile Justice and Welfare Act (RA 9344, as amended) 10
1.4. Extinction of criminal liability 10
1.5 Civil liability in criminal cases 10
2. REVISED PENAL CODE - BOOK II 10
2.1 Crimes against National Security and Laws of Nations 10
2.6.2 Art. 204. Knowingly rendering unjust judgment 25
4.2. Anti-Carnapping Law (R.A. No. 6539, as amended by R.A. Nos. 7659 and 10883) 52
4.3. Anti-Child Abuse Law (R.A. No. 7610, as amended) 52
4.4 Anti-Child Pornography Act of 2009 (Secs. 3[a-c], 4, and 5, RA 9775) 52
4.5. Anti-Fencing Law of 1979 (Secs. 2 and 5, PD 1612) 52
4.6. Anti-Graft and Corrupt Practices Act (Sec. 3, RA 3019, as amended) 52
4.7. Anti-Hazing Act of 2018 (Secs. 2 and 3, RA 8049, as amended by RA 11053) 53
4.8. Anti-Hijacking Law (Secs. 1 and 3, RA 6235) 53
4.9. Anti-Photo and Video Voyeurism Act of 2009 (Secs. 3 [a, b, d, f] and 4, RA 9995) 53
4.10. Anti-Plunder Act (Secs. 1 and 2, RA 7080, as amended by RA 7659) 53
4.11. Anti-Sexual Harassment Act of 1995 (Sec. 3, RA 7877) 53
4.12. Anti-Torture Act of 2009 (Secs. 3 [a, b], 4, and 5, RA 9745) 54
4.13. Anti-Trafficking in Persons Act of 2003 (Secs. 3, 4, and 6, RA 9208, as amended) 54
4.14. Anti-Violence Against Women and their Children Act of 2004 (Secs. 3, 5, and 26, RA 9262) 54
4.15. Bouncing Checks Law (Sec. 1, BP 22) 54
4.16. Comprehensive Dangerous Drugs Act of 2002 (Secs. 5, 11, 15, and 21, RA 9165, as amended by RA 10640)
54
4.17. Comprehensive Firearms and Ammunition Regulation Act (Secs. 28 and 29, RA 10591) 55
4.18. Cybercrime Prevention Act of 2012 (Secs. 4 to 6, RA 10175) 55
4.19. Human Security Act of 2007 (Secs. 3 to 6, RA 9372) 55
4.20. New Anti-Carnapping Act of 2016 (Secs. 3 to 4, RA 10883) 55
4.21. Obstruction of Justice Law (Sec. 1, PD 1829) 55
4.22. Special Protection of Children Against Abuse, Exploitation, and Discrimination Act (Secs. 3[a], 5, and 10,
RA 7610) 56
4.23. Probation Law (P.D. No. 968, as amended by R.A. No. 10707 56
4.24. Juvenile Justice and Welfare Act (R. A. No. 9344, as amended by R.A. No. 10630, and in relation P.D. No.
603) 56
5. EXCLUDE Special criminal laws and administrative circulars not included in the above listings, as follows: 56
5.1. Anti-Alias Law (R.A. No. 142) 57
5.2. Anti-Money Laundering Law Act of 2010 (R.A. No. 9160 as amended by R.A. No. 9194) 57
5.3. Anti-Photo and Video Voyeurism Act of 2009 (R. A. No. 9995) 57
5.4. Code of Conduct of Public Officials and Employees (R.A. No. 6713) 57
5.5. Government Procurement Reform Act (R.A. No. 9184) 57
5.6. Anti-Piracy and Anti-Highway Robbery (P.D. No. 532) 58
2
Contents
1.1.2.1. Generality
1.1.2.2. Territoriality
3
1.1.2.3. Prospectivity
1.2. Felonies
4
1.2.1.2. Aberratio ictus, error in personae, and praeter intentionem
5
1.2.2.2. Exempting circumstances
6
1.2.2.5. Alternative circumstances
7
1.2.3.2. Conspiracy and proposal
1.3. Penalties
1.3.1 Principles
1.3.2 Penalties that may be imposed and retroactive effect of penal laws
1.3.3. Classification
8
1.3.5. Application
9
1.3.9.1 RPC provisions
10
2.1.2 Art. 115. Conspiracy and proposal to commit treason; Penalty.
11
2.1.9 Art. 122. Piracy in general and mutiny on the high seas
2.2.2 Art. 125. Delay in the delivery of detained persons to the proper judicial authorities
12
2.2.4 Art. 127. Expulsion
2.2.6 Art. 129. Search warrants maliciously obtained and abuse in the service of those legally obtained
13
2.3. Crimes against Public Order
2.3.4 Art. 136. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection
14
2.3.6 Art. 138. Inciting a rebellion or insurrection
2.3.11 Art. 143. Act tending to prevent the meeting of the Assembly and similar bodies
15
2.3.13 Art. 145. Violation of parliamentary immunity.
2.3.18 Art. 150. Disobedience to summons issued by the National Assembly, its committees or subcommittees, by
the Constitutional Commissions, its committees, subcommittees or divisions
2.3.19 Art. 151. Resistance and disobedience to a person in authority or the agents of such person
16
2.3.20 Art. 152. Persons in authority and agents of persons in authority; Who shall be deemed as such
2.3.22 Art. 153. Tumults and other disturbance of public orders; Tumultuous disturbance or interruption liable to
cause disturbance
2.3.23 Art. 154. Unlawful use of means of publication and unlawful utterances
17
2.3.27 Art. 158. Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or other
calamities.
2.3.29. Art. 160. Commission of another crime during service of penalty imposed for another offense; Penalty
2.4.1 Art. 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or
stamp of the Chief Executive
2.4.3 Art. 163. Making and importing and uttering false coins
18
2.4.4 Art. 164. Mutilation of coins; Importation and utterance of mutilated coins
2.4.6 Art. 166. Forging treasury or bank notes on other documents payable to bearer; importing, and uttering such
false or forged notes and documents
2.4.7 Art. 167. Counterfeiting, importing and uttering instruments not payable to bearer
2.4.8 Art. 168. Illegal possession and use of false treasury or bank notes and other instruments of credit
19
2.4.10 Art. 170. Falsification of legislative documents
2.4.11 Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister
2.4.12 Art. 172. Falsification by private individual and use of falsified documents
2.4.13 Art. 173. Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified
messages
2.4.14 Art. 174. False medical certificates, false certificates of merits or service, etc.
2.4.16 Art. 176. Manufacturing and possession of instruments or implements for falsification
20
2.4.17 Art. 177. Usurpation of authority or official functions
2.4.18 Art. 178. Using fictitious name and concealing true name
21
2.4.23 Art. 183. False testimony in other cases and perjury in solemn affirmation
2.4.27 Art. 187. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other
precious metals or their alloys
2.4.28 Art. 188. Subsisting and altering trade-mark, trade-names, or service marks
22
2.4.29 Art. 189. Unfair competition, fraudulent registration of trade-mark, trade-name or service mark, fraudulent
designation of origin, and false description
2.4.30 Art. 190. Possession, preparation and use of prohibited drugs and maintenance of opium dens
2.4.33 Art. 193. Illegal possession of opium pipe or other paraphernalia for the use of any prohibited drug
23
2.5.1 Art. 195. What acts are punishable in gambling
2.5.2 Art. 196. Importation, sale and possession of lottery tickets or advertisements
2.5.7 Art. 201. Immoral doctrines, obscene publications and exhibitions and indecent shows
24
2.5.8 Art. 202. Vagrants and prostitutes; penalty
25
2.6.5 Art. 207. Malicious delay in the administration of justice
2.6.12 Art. 213. Frauds against the public treasury and similar offenses
26
2.6.13 Art. 214. Other frauds
2.6.18 Art. 219. Failure of a responsible public officer to render accounts before leaving the country
27
2.6.20 Art. 221. Failure to make delivery of public funds or property
2.6.24 Art. 225. Escape of prisoner under the custody of a person not a public officer
28
2.6.26 Art. 227. Officer breaking seal
2.6.30 Art. 232. Disobedience to order of superior officers, when said order was suspended by inferior officer
29
2.6.33 Art. 235. Maltreatment of prisoners
30
2.6.40 Art. 243. Orders or requests by executive officers to any judicial authority
31
2.7.4 Art. 249. Homicide
32
2.7.10 Art. 255. Infanticide
2.7.13 Art. 258. Abortion practiced by the woman herself of by her parents
2.7.14 Art. 259. Abortion practiced by a physician or midwife and dispensing of abortives
33
2.7.17 Art. 262. Mutilation
34
2.8.1 Art. 267. Kidnapping and serious illegal detention
35
2.8.8 Art. 274. Services rendered under compulsion in payment of debt
2.8.9 Art. 275. Abandonment of person in danger and abandonment of one's own victim
2.8.11 Art. 277. Abandonment of minor by person entrusted with his custody; indifference of parents
36
2.8.14 Art. 280. Qualified trespass to dwelling
37
2.8.21 Art. 287. Light coercions
2.8.22 Art. 288. Other similar coercions; (Compulsory purchase of merchandise and payment of wages by means
of tokens.)
2.8.23 Art. 289. Formation, maintenance and prohibition of combination of capital or labor through violence or
threats
38
2.9. Crimes against Property
2.9.2 Art. 295. Robbery with violence against or intimidation of persons; Penalties
2.9.3 Art. 296. Definition of a band and penalty incurred by the members thereof
2.9.4 Art. 297. Attempted and frustrated robbery committed under certain circumstances
2.9.6 Art. 299. Robbery in an inhabited house or public building or edifice devoted to worship
39
2.9.7 Art. 300. Robbery in an uninhabited place and by a band
2.9.8 Art. 301. What is an inhabited house, public building or building dedicated to religious worship and their
dependencies
2.9.10 Art. 303. Robbery of cereals, fruits, or firewood in an uninhabited place or private building
40
2.9.13 Art. 306. Who are brigands; Penalty
2.9.18 Art. 311. Theft of the property of the National Library and National Museum
2.9.19 Art. 312. Occupation of real property or usurpation of real rights in property
41
2.9.20 Art. 313. Altering boundaries or landmarks
42
2.9.26 Art. 319. Removal, sale or pledge of mortgaged property
2.9.29 Art. 322. Cases of arson not included in the preceding articles
2.9.32 Art. 325. Burning one's own property as means to commit arson
43
2.9.33 Art. 326. Setting fire to property exclusively owned by the offender
44
2.9.39 Art. 330. Damage and obstruction to means of communication
45
2.10.4 Art. 336. Acts of lasciviousness
2.10.7 Art. 339. Acts of lasciviousness with the consent of the offended party
46
2.10.11 Art. 342. Forcible abduction
2.10.13 Art. 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of
lasciviousness
2.10.14 Art. 345. Civil liability of persons guilty of crimes against chastity
2.10.15 Art. 346. Liability of ascendants, guardians, teachers, or other persons entrusted with the custody of the
offended party
2.11.1 Art. 347. Simulation of births, substitution of one child for another and concealment or abandonment of a
legitimate child
47
2.11.2 Art. 348. Usurpation of civil status
48
2.12.1 Art. 353. Definition of libel
2.12.4 Art. 356. Threatening to publish and offer to present such publication for a compensation
2.12.5 Art. 357. Prohibited publication of acts referred to in the course of official proceedings
49
2.12.8 Art. 360. Persons responsible
50
3. Quasi-offenses (or Criminal Negligence)
4. SPECIAL LAWS
51
4.2. Anti-Carnapping Law (R.A. No. 6539, as amended by R.A. Nos. 7659 and 10883)
52
4.7. Anti-Hazing Act of 2018 (Secs. 2 and 3, RA 8049, as amended by RA 11053)
4.9. Anti-Photo and Video Voyeurism Act of 2009 (Secs. 3 [a, b, d, f] and 4, RA 9995)
53
4.12. Anti-Torture Act of 2009 (Secs. 3 [a, b], 4, and 5, RA 9745)
4.14. Anti-Violence Against Women and their Children Act of 2004 (Secs. 3, 5, and 26, RA 9262)
4.16. Comprehensive Dangerous Drugs Act of 2002 (Secs. 5, 11, 15, and 21, RA 9165, as amended by RA 10640)
54
4.17. Comprehensive Firearms and Ammunition Regulation Act (Secs. 28 and 29, RA 10591)
55
4.22. Special Protection of Children Against Abuse, Exploitation, and Discrimination Act (Secs. 3[a], 5, and 10,
RA 7610)
4.23. Probation Law (P.D. No. 968, as amended by R.A. No. 10707
4.24. Juvenile Justice and Welfare Act (R. A. No. 9344, as amended by R.A. No. 10630, and in relation P.D. No.
603)
5. EXCLUDE Special criminal laws and administrative circulars not included in the above listings, as follows:
56
5.1. Anti-Alias Law (R.A. No. 142)
5.2. Anti-Money Laundering Law Act of 2010 (R.A. No. 9160 as amended by R.A. No. 9194)
5.3. Anti-Photo and Video Voyeurism Act of 2009 (R. A. No. 9995)
5.4. Code of Conduct of Public Officials and Employees (R.A. No. 6713)
57
5.6. Anti-Piracy and Anti-Highway Robbery (P.D. No. 532)
58