SAN SEBASTIAN COLLEGE-RECOLETOS

COLLEGE OF LAW
MANILA CITY

CRIMINAL LAW REVIEW SYLLABUS

PROS. FREDDIE M. NOJARA, LL.M

Professor

COURSE This four-unit subject is a general review of the Revised Penal

DESCRIPTIO Code with its latest amendments, other penal statutes, and
N AND relevant jurisprudence.  This course covers Book One and Two
COVERAGE of the Revised Penal Code (Act No. 3815 and its amendments).
Book One contains the provisions on felonies, circumstances
which affect criminal liability, persons criminally liable for
felonies, penalties imposed, the extinction of criminal liability,
as well as civil liability. Book Two deals with the specific
felonies, their elements and the prescribed penalty. The study
also includes relevant special penal laws and relevant
jurisprudence.

COURSE At the end of this course, it is expected that all students enrolled in
LEARNING this course will be equipped with knowledge in criminal law to
OUTCOME prepare them for the bar examinations.

COURSE All students enrolled in this course are expected to participate in

POLICIES online activities, whether synchronous or asynchronous. They are
enjoined to study the assignments and the cases to be given to
them. They should observe strictly the submission of the assigned
tasks. In attending online classes, they are expected to observe
online meetings’ etiquette, intellectual and academic honesty at all
times. Other policies will be given from time to time during the
rest of the semester.

GRADING Class standing (attendance in class) – 20%; Midterm Examination

SYSTEM – 40 %; and Final Examination – 40 %.

TEXTBOOK Criminal Law Concepts and Jurisprudence, Books 1 and 2,

S AND Revised Penal Code, Pros. Freddie M. Nojara, 2020 edition,
OPTIONAL Central Bookstore; Concepts and Jurisprudence on Special Penal
MATERIALS Laws, Pros. Freddie M. Nojara, 2021 edition, Central Bookstore;
Supreme Court Reports Annotated (SCRA); Philippine Reports;
Other commentaries and treatises.

COURSE SYLLABUS PROPER

1) PRELIMINARY CONCEPTS

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 a) Definition and nature of criminal law
i) Definition of criminal law
ii) Definition of a crime
iii) Attributes of a penal law
b) Power to define and punish criminal acts
i) Police power
ii) Salus populi est suprema lex
iii) Nullum crimen nulla poena sine lege
iv) Article 5
v) Dura lex sed lex
c) Scope, application and characteristics of criminal law (Article 2)
i) Generality
ii) Territoriality
iii) Prospectivity
d) Rules of statutory construction in criminal law
(1) Doctrine of in dubio pro reo
(2) Rule of lenity
e) Applicability of the Revised Penal Code to special penal laws (Article 10)

2) FELONIES

a) How crimes are committed (Article 3)

i) Definition and nature of felonies
ii) Classification of felonies
iii) General elements of felony
iv) Felonies by means of dolo
(1) Elements
(a) Freedom
(b) Intelligence
(c) Intent
(2) Intent
(3) Kinds of intent
(4) Specific intents as elements of felony
(5) Malice
(6) Malice as element of felony
(7) Discernment
(8) Motive
v) Felonies by means of culpa
(1) Criminal negligence
vi) Mala in se and mala prohibita
b) How criminal liability is incurred (Article 4)
i) By committing a felony even if the crime is different from what is
intended
(1) Requisites
(2) El que es causa de la causa es causa del mal causado
(3) Proximate cause
(4) Mistake of fact
(5) Mistake in the identity
(a) Error in personae
(b) Aberratio ictus
(6) Praeter intentionem
ii) Impossible Crime
c) Stages of execution (Article 6)
i) Phases of execution
ii) Stages of execution
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 iii) Attempted stage
iv) Frustrated stage
v) Consummated stage
d) Classification of felonies according to their gravity (Articles 9 and 26)
i) Grave felonies
ii) Less grave felonies
iii) Light felonies

3) CONSPIRACY AND PROPOSAL TO COMMIT CRIMES

a) Conspiracy and proposal as a crime (Article 8)

i) Conspiracies and proposals as crimes under the Revised Penal Code and
other special penal laws
b) Conspiracy as a means to commit crimes
i) Express conspiracy
ii) Implied conspiracy
iii) Chain conspiracy
iv) Wheel conspiracy

4) PERSONS CRIMINALLY LIABLE

a) Persons criminally liable (Article 16)

b) Principals (Article 17)
i) Principals by direct participation
ii) Principals by inducement
iii) Principals by indispensable cooperation
c) Accomplices (Article 18)
d) Accessories (Article 19)
i) Anti-fencing Law (PD 1612)
ii) Obstruction of Justice (PD 1829)
iii) Accessories exempt from criminal liability (Article 20)

5) MULTIPLE OFFENDERS

a) Recidivism (Article 14, par. 9)

b) Habituality (Article 14, par. 10)
c) Quasi-recidivism (Article 160)
d) Habitual delinquency (Article 62)

6) PLURALITY OF CRIMES

a) Complex of crimes (Article 48)

i) Compound crime
ii) Complex crime proper
b) Special complex crimes (RA 7659)
i) Robbery with homicide
ii) Robbery with rape
iii) Rape with homicide
iv) Kidnapping with murder or homicide/serious physical injuries
v) Kidnapping with rape
vi) Carnapping with homicide
c) Continuing crimes

7) JUSTIFYING CIRCUMSTANCES

a) Justifying circumstances (Article 11)

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 i) Self-defense
(1) Self-defense of chastity
(2) Self-defense in libel
(3) Self-defense of property
ii) Defense of Relatives
iii) Defense of Stranger
iv) State of Necessity
v) Fulfillment of Duty
vi) Obedience to a Lawful Order
vii) Battered Woman Syndrome (RA 9262)

8) EXEMPTING CIRCUMSTANCES

a) Exempting circumstances (Article 12)

i) Insanity or imbecility
ii) Minority under RA 9344
iii) Accident
iv) Compulsion of Irresistible Force
v) Impulse of Uncontrollable Fear
vi) Lawful or Insuperable Cause
vii) Absolutory Causes
b) Juvenile Justice and Welfare Act of 2006 (R.A. No. 9344, as amended)

9) MITIGATING CIRCUMSTANCES (Article 13)

i) Incomplete Self-defense, Defense of Relatives, and Defense of Strangers

ii) Incomplete Fulfillment of Duty or Lawful Exercise of Right or Office
iii) Minority (above 15 less than 18)
iv) Offender had No Intention to Commit so Grave a Wrong (Praeter
Intentionem)
v) Sufficient Provocation or Threat on the Part of the Offended Party
vi) Immediate Vindication of a Grave Offense
vii) Passion and Obfuscation
viii) Voluntary Surrender/Voluntary Plea
ix) Offender is Deaf and Dumb or Blind
x) Illness that Diminishes the Exercise of Will-Power
xi) Analogous and Similar Mitigating Circumstances

10) AGGRAVATING CIRCUMSTANCES (Article 14)

i) Taking Advantage of Public Position

ii) Contempt or Insult to Public Authorities
iii) Disregard of Rank, Age, or Sex and Dwelling of the Offended Party
iv) Abuse of Confidence and Obvious Ungratefulness
v) Palace of the Chief Executive or in a Place of Religious Worship
vi) Nighttime, Uninhabited Place, or Band
vii) On Occasion of Calamity or Misfortune
viii) Aid of Armed Men
ix) Recidivism
x) Reiteracion or Habituality
xi) Price, Reward or Promise
xii) By Means of Inundation, Fire, Poison, Explosion, etc.
xiii) Evident Premeditation
xiv) Craft, Fraud or Disguise
xv) Abuse of Superior Strength or Means to Weaken Defense
xvi) Treachery
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 xvii) Ignominy
xviii) Unlawful Entry
xix) Breaking Wall, Roof, Floor, Doors or Windows
xx) Aid of Persons under Fifteen Years of Age or by Means of Motor
Vehicles
xxi) Cruelty

11) ALTERNATIVE CIRCUMSTANCES (Article 15)

i) Relationship
ii) Intoxication
iii) Degree of instruction or education

12) PENALTIES IN GENERAL

a) Theories justifying penalty

b) Classification of Penalties and their range (Article 25)
c) Duration of penalties (Article 27)
d) Duration of divisible penalties (Article 76)
e) Effects of penalties (Articles 30, 31, 32, 33, 34, and 35)
f) Application of penalties (Articles 46-60)
g) Graduation of penalties (Article 71)
h) Rules for graduating penalties (Article 61)
i) Rules for application of indivisible penalties (Article 63)
j) Rules for application of penalties containing three periods (Article 64)
k) Rules on the presence pf mitigating/aggravating circumstances and habitual
delinquency (Article 62)
l) Rules on the imposition of fines (Articles 66 and 75)
m) Three-fold rule (Article 70)
n) Preventive imprisonment (Article 29)
o) Subsidiary imprisonment (Article 39)
p) Execution and service of sentence (Article 78)

13) EXTINCTION OF CRIMINAL LIABILITY (Articles 89-93)

a) Total extinction
i) Death;
ii) Service of sentence;
iii) Amnesty;
iv) Absolute pardon;
v) Prescription of crime;
vi) Prescription of penalty;
vii) Marriage.
b) Partial extinction
i) Conditional pardon;
ii) Commutation of sentence;
iii) Good conduct allowances;
iv) Parole (Act 4103, Indeterminate Sentence Law); and
v) Probation (PD 968, as amended).

14) CIVIL LIABILITY ARISING FROM CRIMES (Article 100)

a) Civil liability of a person guilty of felony (Article 100)

b) Kinds of civil liability (Articles 104-109)
c) Guidelines on fixing the civil liabilities in specific crimes (Jugueta doctrine)
d) Rules on subsidiary liability (Article 102)
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 e) Subsidiary liability of other persons (Article 103)
f) Extinction of civil liability (Article 112)
g) Obligation to satisfy civil liability (Article 113)

BOOK TWO
Revised Penal Code and related special laws

1) CRIMES AGAINST NATIONAL SECURITY AND LAW OF NATIONS

(Articles 114-123)

a) Treason, Conspiracy and proposal to commit treason, Misprision of Treason;

b) Espionage;
c) Piracy and Qualified Piracy;
d) Anti-Piracy (P.D. 532)
e) Anti-Hijacking Law (P.D. 6235)
f) Applicable jurisprudence

2) CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE (Articles

124-133)

a) Arbitrary Detention, Delay in the delivery of detained persons to the proper

judicial authorities, and Delaying release;
b) Violation of domicile vis-à-vis Trespass to Dwelling;
c) Search warrant maliciously obtained and abuse in the service thereof;
d) Searching without witnesses;
e) Prohibition, interruption and dissolution of peaceful meetings vis-à-vis
Tumults and other disturbances of public order (Art. 153);
f) Interruption of religious worship and Offending religious feelings;
g) Miranda rights (R.A. No. 7438)
h) Anti-Torture Act of 2009 (R.A. No. 9745)
i) Applicable jurisprudence

3) CRIMES AGAINST PUBLIC ORDER (Articles 134-160)

a) Rebellion or Insurrection, Coup d’etat, Conspiracy and proposal to commit

rebellion or insurrection and coup d’etat;
b) Sedition, Conspiracy to commit sedition and Inciting to sedition;
c) Illegal assembly and Illegal associations;
d) Direct assault, Indirect assault and Resistance and disobedience to a person
and agent of person in authority;
e) Persons and agents of persons in authority;
f) Unlawful use of means of publication and unlawful utterances;
g) Alarms and scandals, Unjust Vexation and Illegal discharge of firearms;
h) Delivering persons from jail vis-à-vis Infidelity in the custody of prisoner;
i) Evasion of service of sentence, Evasion of service of sentence on the occasion
of disorder, conflagrations, earthquakes or other calamities;
j) Anti-Terrorism Act of 2020 (R.A. No. 11479);
k) Applicable jurisprudence

4) CRIMES AGAINST PUBLIC INTERESTS (Articles 161-189)

a) Falsification by public officer, employee, or notary or ecclesiastical minister,

Falsification by private individuals and use of falsified documents;
b) Usurpation of authority or official functions, Using fictitious name and
concealing true name;
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 c) False testimony against and favorable to the defendant;
d) False testimony in civil cases, False testimony in other cases and perjury, and
Offering false testimony in evidence.
e) Applicable jurisprudence

5) CRIMES RELATIVE TO OPIUMS (RA 9165)

a) The Comprehensive Dangerous Drugs Act of 2002 (R.A. No. 9165, as

amended);
b) Implementing Rules and Regulations (IRR) of R.A. No. 9165;
c) Applicable jurisprudence

6) CRIMES AGAINST PUBLIC MORALS (Articles 200-202)

a) Grave scandal;
b) Immoral doctrines, obscene publications and exhibitions and indecent shows;
c) Prostitutes vis-à-vis Prostitution under RA 9262, RA 7610, and RA 10175;
d) P.D. 1602 – Anti-Gambling Act as amended by R.A. 9287 – Illegal Numbers
Game
e) Applicable jurisprudence

7) CRIMES COMMITTED BY PUBLIC OFFICERS (Articles 203-245)

a) Who are public officers;

b) Knowingly rendering unjust judgement, Judgement rendered through
negligence, and Unjust interlocutory order;
c) Malicious delay in the prosecution of justice, prosecution of offenses and
Qualified bribery;
d) Betrayal of trust by an attorney or solicitor;
e) Direct bribery and Indirect bribery;
f) Corruption of public official vis-à-vis Anti-Graft and Corrupt Practices Act
(R.A. No. 3019, as amended);
g) Malversation of public funds vis-à-vis Illegal use of public funds;
h) Infidelity in the custody of documents;
i) Maltreatment of prisoners vis-à-vis Anti-torture Act (RA 9745);
j) Abuses against chastity;
k) Anti-Plunder Act (R.A. No. 7080, as amended)
l) Applicable jurisprudence

8) CRIMES AGAINST PERSONS (Articles 246-266-C)

a) Parricide, Infanticide and Murder;

b) Death and physical injuries inflicted under exceptional circumstances;
c) Homicide and Physical injuries;
d) Intentional abortion and Unintentional abortion;
e) Rape and Acts of lasciviousness vis-à-vis Sexual abuse and Lascivious
Conduct under RA 7610;
f) Anti-Violence against Women and their Children Act of 2004 (R.A. No.
9262)
g) Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act (R.A. No. 7610, as amended)
h) Anti-Hazing Law (R.A. No.11053)
i) Applicable jurisprudence

9) CRIMES AGAINST PERSONAL LIBERTY AND SECURITY (Articles 267-

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 292)

a) Kidnapping and Slight illegal detention vis-à-vis Arbitrary detention and

Forcible Abduction;
b) Unlawful arrest;
c) Kidnapping and failure to return a minor and Inducing a minor to abandon his
home;
d) Slavery and Human trafficking under RA 9262;
e) Abandonment of person in danger of dying and Abandonment of one’s own
victim;
f) Qualified trespass to dwelling;
g) Grave threats, Light Threats, and Other light threats;
h) Grave coercions and Light coercions;
i) Safe Spaces Act (RA 11313);
j) Anti-Wire Tapping Act (R.A. No. 4200)
k) Applicable jurisprudence

10) CRIMES AGAINST PROPERTY (Articles 294-332)

a) Robbery with violence and intimidation vis-à-vis Robbery with force upon
things;
b) Robbery in a band and Brigandage vis-à-vis Brigandage under PD 532;
c) Usurpation of real property or usurpation of real rights and Altering
boundaries or landmarks;
d) Theft and Qualified Theft vis-à-vis Estafa with abuse of confidence;
e) Estafa by means of deceit;
f) Estafa by postdating a check vis-à-vis Violation of BP 22;
g) Arson and Malicious mischief;
h) Persons exempt from criminal liability
i) Anti-Fencing Law (P.D. 1612) and its Implementing Rules and Regulations
j) Anti-Carnapping Act of 2016 (R.A. No. 10883)
k) Applicable jurisprudence

11) CRIMES AGAINST CHASTITY (Articles 333-346)

a) Adultery and Concubinage;

b) Qualified seduction and Simple seduction;
c) Forcible abduction and Consented abduction;
d) Prosecution of crimes of adultery, concubinage, seduction, abduction, rape
and acts of lasciviousness;
e) Anti-Photo and Video Voyeurism Act of 2009 (R.A. No. 9995)
f) Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act (R.A. No. 7610, as amended)
g) Anti-Trafficking in Persons Act of 2003 (R.A. No. 9208)
h) Anti-Violence Against Women and Their Children Act of 2004 (R.A. No.
9262)
i) Applicable jurisprudence

12) CRIMES AGAINST CIVIL STATUS (Articles 347-352)

a) Simulation of births, substitution of one child for another and concealment of

abandonment of a legitimate child vis-à-vis Simulation of birth under
Domestic Adoption Act (RA 8552);
b) Bigamy;
c) Performance of illegal marriage;
d) Applicable jurisprudence
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13) CRIMES AGAINST HONOR (Articles 353-364)

a) Libel and Cyberlibel under Cybercrime Prevention Act (RA 10175);

b) Slander and Slander by deed;
c) Incriminatory machinations vis-à-vis Planting of evidence under special penal
laws;
d) Intriguing against honor;

14) CRIMINAL NEGLIGENCE (Article 365)

a) Quasi-offense;
b) Ivler v. Judge San Pedro, G.R. No. 172176, Nov. 17, 2010.

SPECIAL PENAL LAWS

I. Preliminary Concepts

a. Malum in se and malum prohibitum

b. Good faith and lack of intent in special penal laws
c. Test in determining special penal law
d. Rules on absorption in special penal laws
e. Applicability of the Revised Penal Code to special penal laws

II. Special Penal Laws Affecting Criminal Liability

a. Juvenile Justice and Welfare Act (RA 9344, as amended)

b. Probation Law (PD 968, as amended)
c. Indeterminate sentence Law (Act No. 4103, as amended)

III. Offenses Against the National Security and Law of Nations

a. Anti-Hijacking Law (RA 6235)

b. Anti-Piracy Law of 1974

IV. Offenses Against the Fundamental Laws of the State

a. Anti-Enforced or Involuntary Disappearance Act (RA 10353)

b. Miranda Rights (RA 7438)
c. Anti-Torture Act (RA 9745)
d. Anti-wire Tapping Act (RA 4200)

V. Offenses Against Public Order

a. Anti-terrorism Act (RA 11479)

b. Comprehensive Firearms and Ammunition Regulation Act (RA
10591)
c. Illegal/Unlawful Possession of Explosives or Instruments Used in the
Manufacture of Explosives (PD 1866, as amended)
d. Obstruction of Justice Law (PD No. 1829)

VI. Offenses Against Public Interest

a. Anti-Money Laundering Act of 2001 (RA 9160)

b. Bank Secrecy Law (RA 1405, as amended)
c. Foreign Currency Deposit Act (RA 6426, as amended)
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VII. Offenses Relative to Illegal Drugs

a. Comprehensive Dangerous Drugs Act (RA 9165, as amended)

VIII. Offenses Against Public Morals

a. Illegal Gambling (PD 1602)

b. Illegal Numbers Games (RA 9287)
c. Anti-Trafficking in Persons (RA 9208, as amended)
d. Anti-Sexual Harassment Act (RA 7877)
e. Safe Spaces Act (RA 11313)
f. Anti-Photo and Video Voyeurism Act (RA 9995)

IX. Offenses Committed by Public Officers

a. Anti-Graft and Corrupt Practices Act (RA 3019)

b. Code of Conduct and Ethical Standards for Public Officials (RA 6713)
c. Law on Plunder (RA 7080)
d. Anti-gift Giving Law (PD 46)

X. Offenses Against Persons

a. Anti-Child Abuse Law (RA 7610, as amended)

b. Anti-violence Against Women and their Children Act (RA 9262)
c. Anti-Hazing Act (RA 11053)

XI. Offenses Against Personal Liberty and Security

a. Data Privacy Act of 2012 (RA 10173)

XII. Offenses Against Property

a. Anti-Fencing Law (PD 1612)

b. New Anti-Carnapping Law (RA 10883)
c. Migrant Workers and Overseas Filipinos Act (RA 8042)
d. Anti-Electricity Pilferage Act (RA 7832, as amended)
e. Anti-Bouncing Check Law (BP Blg. 22)
f. Law on Arson (PD 1613)
g. Syndicated Estafa (PD 1689)
h. Anti-Cattle Rustling Law (PD 533)

XIII. Offenses Against Chastity

a. Anti-Child Pornography (RA 9775)

b. Anti-Photo and Video Voyeurism (RA 9995)

XIV. Offenses Against the Civil Status of Persons

a. Domestic Adoption Act of 1988 (RA 8552, as amended)

b. Anti-Alias Law (CA No. 142, as amended)

XV. Offenses Against Honor

a. Cyberlibel (RA 10175)

b. Planting of Evidence (RA 9165, RA 10591, PD 1866, as amended)
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XVI. Offenses Involving Negligence

a. Motorcycle Crime Prevention Act (RA 11235)

b. Anti-Drugged and Drunken Driving Act (RA 10586)
c. Anti-Distracted Driving Act (RA 10913)

-end-

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