Criminal Law

Important Articles and Special Penal Laws

I. Criminal Law I
A. Articles 1 - 20

Master these articles and you would basically answer any Criminal Law Bar
Exam question as this deals with the fundamentals of Criminal Law.

From here, you would be able to determine whether or not there is criminal
liability, extent of liability, participation in the criminal act, and the defenses that
would be available to the offender which exonerates him from any criminal
liability.

B. Indeterminate Sentence Law (ISLAW) RA 4103

C. Probation Law (RA 10707)

II. Criminal Law II

A. Crimes Against National Security
1. Art. 114 - 116 (Treason, Conspiracy and Misprision of Treason)
Know the elements of these crimes.
Know the differences between Treason, Conspiracy and Misprision of
Treason.
Take note of People vs. Geronimo - The crime of Treason absorbs any
crime in furtherance thereto, and may be considered as an aggravating
circumstance.

2. Art. 122 - 123 (Piracy and Qualified Piracy)

Know the elements of these crimes
Know the difference between Piracy in High Seas from that of Piracy in
Philippine waters
Know when there is mutiny
Correlate with R.A. 9372 - Piracy is considered as an act of Terrorism
Qualified Piracy - circumstances that would result to qualified piracy.

B. Crimes Against Fundamental Law of the State

1. Art. 124 - 126 (Detention, Delay in Delivery and Release of Detained
Persons)
Know the elements
Correlate with Bill of Rights (Right against unreasonable searches and
seizure), and Rules on Criminal Procedure (Sec. 7, Rule 112).
 Difference of Arbitrary Detention (Art. 124) from Kidnapping (Art. 267),
Slight Illegal Detention (Art. 268), Unlawful Arrest (Art. 269) and
Kidnapping of Minor (Art. 270)

C. Crimes Against Public Order

1. Art. 134, 134-A, 136, 138 (Rebellion, Coup d’etat, conspiracy and
proposal, inciting to rebellion or insurrection)
Know the elements
Know the different modes of committing rebellion
Know the difference between rebellion from treason
Elements of Coup d’etat
Know the modes of committing coup d’etat
Differentiate these crimes

2. Art 139, 141-142 (Sedition, Conspiracy to commit sedition, inciting to

sedition)
Elements
Differences between these crimes
Differences between Sedition, Treason, Rebellion, Coup d’etat

3. Art. 148-149 (Assault)

Elements of direct assault and indirect assault
Difference between assault and indirect assault
Who is a person in authority (Art. 152)
Is a professor a person in authority?
Are lawyers persons in authority?
Are Barangay officials persons in authority?
Means of committing the crime
Effect of use of weapons
Effect of assaulting a person coming to the aid of person in authority
Who is a person coming to the aid of person in authority?

4. Art. 155 (Alarms and Scandals)

Elements of the crime
Instances of committing the crime
Relate to discharge of firearms
a. Brandishing a firearm - what is the crime?
b. Unholstering the firearm - what is the crime?
c. Cocking the firearm - what is the crime?
d. Playing with the firearm - what is the crime?
e. Pointing the firearm at the general direction of the offended - what
is the crime?
 f. Discharging firearm at general direction of offended - what is the
crime?
g. Discharging firearm towards the sky
h. Discharging firearm injuring the offended party
i. Discharging firearm with intent to kill

D. Crimes Against Public Interest

1. Art. 170 - 172 (Falsification)
Elements of each crime
Difference between Falsification of Public Documents from Private
Documents
Difference between falsification of documents from Estafa

2. Art. 180 - 184 (Perjury)

Elements of each crime
Difference between each crime
How committed
When punishable

E. Crimes Against Public Morals

1. Art. 201 (Grave Scandal)
Elements of the crime
Difference between Grave Scandal and Alarms and Scandals
A couple caught in the act having sex in public is punishable by which
crime, grave scandal or alarms and scandals, or concubinage and/or
adultery?

F. Crimes Committed by Public Officers

1. Art. 203 (Who are Public Officers)
Know who are public officers
Are Barangay officials public officers?
Are Board of Directors of a GOCC considered as public officers?
Are public school teachers public officers?
Are public employees public officers?

2. Misfeasance, Malfeasance, Non-feasance - Difference

3. Art. 210-212 (Bribery and Corruption)

Elements of each crime
When committed
Can Direct Bribery be complexed with other crime?
Anti-Graft and Corruption Act (RA 3019)
Sec. 1 (Definition)
Sec. 3 (Punishable Acts)
 Consequence of resignation of public officer
Can private individual be charged with this crime?
Sec. 4&5 (Prohibition on Private Individuals and Family)
Sec. 7 (SALN) - Exception to Data Privacy Law, and Right to
Privacy
Sec. 8 (Prima Facie Evidence)
Exception to Bank Secrecy Law
Sec. 10 (Jurisdiction)
Sec. 11 (Prescription)
Sec. 12 (Termination of Office)
Sec. 13 (Suspension and loss of benefits)
Sec. 14 (Exceptions)
Anti-Plunder Act (RA 7080)
Sec. 1 (Definition)
Sec. 2 (Plunder
Sec. 3 (Jurisdiction)
Sec. 5 (Suspension and loss of benefits)
Sec. 6 (Prescription)

4. Art. 217-221 (Malversation)

Elements of each crime
Difference between Malversation and Technical Malversation
Difference between Malversation and Estafa
Difference between Malversation and Theft and Robbery

G. Crimes Against Persons

1. Art. 246-249 (Parricide, Death Under Exceptional Circumstances,
Murder, Homicide)
Elements of each crime
Parricide
What if parent kills a child with intrauterine life of less than 7
months?
What if there is mistake in the blow or mistaken identity?
Will there be parricide if the offender kills his/her adoptive parent?
Will there be parricide if the offender kills his uncle/aunt or
nephew/niece?
What is the difference between parricide and infanticide?
Death under exceptional circumstances
What if the offender catches his/her partner having sex and kills
both, only to later on find out that his/her partner is a transgender?
May a parent kill their child’s lover if they catch them in the act of
sex?
 What if husband catches his wife having sex with paramour and
after the sexual act, follows the paramour to his residence and
then proceeds to kill the paramour?
What if the husband catches wife having sex and identifies
paramour, then on the following day kills the paramour?
Does this apply to adoptive parents?
What if parents catch their son, a minor, having sex with his
girlfriend, and the parent/s kill the girlfriend, will the parent/s be
exempt from criminal punishment?
What if spouse sees the other spouse with the paramour checking
in a hotel/motel, then proceeds to kill them after they come out of
the hotel/motel? Will the offending spouse be exempt from
criminal punishment?
Murder vs. Homicide
Take note of rules on complexing of crime. There is no such thing as
murder being complexed with another crime. Its either you complex it as
homicide, or it becomes an aggravating circumstance.
Take note of stages of execution of each crime.

2. Art. 254 (Discharge of firearm)

Elements
Correlate with alarms and scandals and instances concerning firearms.

3. Art. 255 (Infanticide)

Elements
Instances of committing

4. Art. 256-259 (Abortion)

Elements

5. Art. 262-266 (Physical Injuries)

Elements of each crime
Mutilation:
When is it a crime of its own, and when is it absorbed as
aggravating? Look at the intent
Physical injuries
Difference between serious, less serious, slight physical injuries,
and frustrated and attempted homicide/murder.

6. Art. 266-A-D (Rape)

Elements of crime of rape
When is there rape, qualified rape, statutory rape
Effect of classifying rape as a crime against persons, as opposed to
crimmes against chastity
 Effect of pardon
Types of rape (carnal knowledge and act of sexual assault)
Who are victims of rape
May a man be a victim of rape
What if the intent is to kill, then committed rape? What is the crime?
What if the intent is to rape, then kills the victim? What is the crime?
What if the intent is to commit robbery, but on occasion thereof commits
rape, then kills the victim through arson? What is the crime?
What if robbery by a band, and intent is to commit robbery, but one of the
members of the band forgot his tools and went back to the scene of the
crime only to find the owner of the house there and the said member
proceeds to rape the owner? What is the crime?
Is struggle of the victim material, i.e, at first there was struggle, but the
victim eventually relented? Is the crime of rape still present? Yes. As long
as attended by any of the circumstances of rape, there is still rape.
Is there such a thing as frustrated or attempted rape?

H. Crimes Against Liberty

1. Art. 267-271 (Kidnapping)
Elements
Difference
Difference of kidnapping and illegal detention
May a parent be criminally liable for kidnapping their own child?
Qualifying circumstance for kidnapping

2. Art. 280-281 (Trespassing)

Elements
Differences
Exception to the crime

3. Art. 282-288 (Threats)

Elements
Differences

I. Crimes Against Property

1. Art. 293-305 (Robbery)
Elements
Modes of committing robbery (VAIP and FUT)
Qualified Robbery (Art. 295)
Highway Robbery
What if the intent is to commit robbery, but on occasion thereof kills the
victim? What is the crime?
What if intent is to kill someone and once successful, robs the victim?
2. Art. 308, 310 (Theft)
Elements
Qualified Theft
Domestic Servant
Abuse of Confidence
Motor vehicle (Repealed)
Anti Carnapping Law (RA 6539)
Elements
Penalty
Qualified crime
What if the child (a teenager) of the owner (parent) of the
car takes the car out, without the permission of the parent.
Is there carnapping?
What if employee takes the company’s car after working
hours for purposes of impressing their date, with intent to
return the car after the date. Is there carnapping?
Mail Matter
Coconuts/Plantation
Large Cattle
Anti-Cattle Rustling Law (PD 533)
Elements
Presumptions
Other circumstances
Difference theft and qualified theft
Difference theft and robbery
Snatching, is it theft or robbery?
Person takes the property of another through a window, is it theft or is it
robbery?
A cellphone was stolen from A by B, then A sees his cellphone in the
possession of C and proceeds to get the phone back without knowledge
of C. Is A liable for theft/robbery?

3. Art. 315-318 (Estafa/Swindling)

Elements of each mode of committing estafa
Main elements of estafa + particular mode of committing estafa
Postdating check
Difference with Bouncing Check Law (BP 22)
Bouncing check law
Gravamen of the offense - issuance of bum check
Modes of committing offense
DAIF / DACA
Requirements for prosecution of Bouncing Check Law -
Notice of Dishonor
 Requirements for notice of dishonor
AAA was taken hostage by Z. Z demanded from AAA 3 Million
Pesos, to which the latter agreed. AAA drew up a check in favor of
Z as payment. Z accepted and let AAA go. Z proceeded to encash
the check, but AAA did not have sufficient funds for the check. Is
AAA liable for violation of BP 22?
What if AAA issues stop order payment, will AAA be liable
under BP22 or Estafa?

4. Arson (PD 1613)

Elements
Circumstances
Arson used as means to kill
Arson used as means to cover up evidence
Arson was committed, however, a person died because of it
Attempted/Frustrated Arson?

5. Art. 332 (Persons Exempt from Criminal Liability)

Who are these persons

J. Crimes Against Chastity

1. Art. 333-334 (Adultery and Concubinage)
Elements
Differences
What if the crime was committed in a foreign land by the offender and the
offended party knew about it and filed a case for adultery/concubinage in
the Philippines?
Instances of Adultery and Concubinage
What if the husband cohabits with a transgender, is there a crime of
concubinage?
May a case for adultery or concubinage prosper if the only offender that
was impleaded is the paramour? What if it is only the offending spouse?
What if the wife has sexual intercourse with a lesbian, is there a crime of
adultery?
A, a woman, was previously married to B without benefit of dissolving the
marriage. A then went on to marry C. During the subsistence of A’s
marriage to C, A had sex with D. C found out about A’s affair and
thereafter filed a case for Adultery against A and D. Will the case
prosper?

2. Art. 336 (Acts of Lasciviousness)

Elements

3. Art. 337 - 340 (Seduction)

 Elements
Qualified Seduction
Difference of Seduction and Acts of Lasciviousness
Difference of Seduction, Acts of Lasciviousness and Rape
Difference of Acts of Lasciviousness and Rape
Statutory Rape - 12 and below
Seduction - Between 12 and 18, with consent
Rape - Without consent

4. Art. 342-343 (Abduction)

Elements
Difference between kidnapping

5. Art. 344 - 346 (Prosecution and liabilities)

6. Anti-Sexual Harassment Law (R.A. 7877)

Sec. 3
Sec. 5
Sec. 6
Elements
How and where committed
School
Work
Training
Rule:
Sex in exchange of promotion, grades, advancement by person
with moral ascendancy - Sexual Harassment
Sexual advancement by co-employee without moral ascendancy -
Acts of lasciviousness
Sex without consent / knowledge - rape
Is there sexual harassment through beso-beso?
Can sexual harassment be committed against a man?

7. Anti-Child Pornography Law (R.A. 9775)

Sec. 3
Sec. 4
Sec. 5
Sec. 6
Sec. 15
Sec. 22
Sec. 23

8. Anti-Photo and Video Voyeurism Law (RA 9995)

Sec. 3
 Sec. 4
Sec. 5
Sec. 6
Sec. 7

9. Anti-Violence Against Women And Children (RA 9262)

Sec. 3
Sec. 5
Sec. 7
Sec. 8
Sec. 9
Sec. 15
Sec. 16
Sec. 19
Sec. 24
Sec. 25
Sec. 26
Sec. 34
Sec. 43
Favorite topic: Battered Woman Syndrome
3 Phases
2 Cycles
Effect of completion of 2 cycles on criminal liability
Effect of non-completion of 2 cycles on criminal liability

10. Anti-Trafficking in Persons Act (RA 9208)

Sec. 3
Sec. 4
Sec. 5
Sec. 6
Sec. 11
Sec. 12
Sec. 17
Sec. 26

11. Anti-Child Abuse Law (RA 7610)

Sec. 3
Sec. 5-12
Sec. 14-15
Sec. 27-28

K. Crimes Against Civil Status of Persons

1. Art. 349 (Bigamy)
Elements
 Is bigamy present if the offending spouse marries another person in a
foreign country?
Is there bigamy when a spouse marries another based on presumed
death of former spouse?

L. Crimes Against Honor

1. Art. 353-362 (Libel and Defamation)
Elements
Difference between Libel and Slander

2. Cyber-crime prevention act (RA 10175)

Elements
Persons liable
ABC posted on social media libelous matters regarding XYZ. 123, a friend
of ABC and XYZ, shared the social media post on his own timeline. The
said post went viral and was shared multiple times because of 123’s
sharing. G, H, and I, commented and “liked” the post of 123. XYZ then
filed a case for online libel against ABC, 123, G, H, and I. Will the case
prosper?
A posted on social media against a public official. In said post, A stated
that said public official stole money from the government, and that this
was due to the genetics of the public official as his parents, siblings, and
grandparents all stole money from the government. The post garnered
attention and went viral. The public official filed an online libel case
against A. Will the case prosper?
Sen. Chongo delivered a speech in Iskul Bukul, a university in the
Philippines. In his speech, the senator quoted a line from the song
“Spolarium” and a speech from a well known US President. In that
speech, the senator never mentioned the authors of that speech. The
media caught wind of this speech and an article was written accusing the
senator of plagiarism. The senator filed a case for online libel against the
media outlet. Will the case prosper?

3. Anti-Bullying Act (RA 10627)

M. Quasi-Offenses
1. Art. 365 (Imprudence and Negligence)
Elements
Ivler Case

N. Special Penal Laws

1. Difference between Mala In Se and Mala Prohibita

2. Obstruction of Justice (PD 1829)

 Punishable Acts

3. Anti-Wire Tapping Law (RA 4200)

Punishable Acts
Exceptions

4. Anti-Fencing Law (PD 1612)

Elements
Definition
Presumption
Exemption

5. Anti-Piracy and Highway Robbery Act (PD 532)

Sec. 2-4

6. Illegal Possession of Firearms (RA 8294)

Punishable Acts (Sec. 1-7)
Gravamen of the offense
During a buy-bust operation, the PDEA infiltrated a bar known for
peddling of drugs. During the operation, N was seated beside the drug
pusher who happened to have his gun displayed on the seat next to N.
The PDEA entered the bar and was able to apprehend the drug pusher.
During the struggle and arrest the gun happened to be pushed towards
the seat of N. The PDEA saw the gun and arrested N as well for illegal
possession of firearms. As a defense N said that he did not own the gun
but was merely found in his possession. Is N liable for the crime of illegal
possession of firearms?
Correlate with rules on alarms and scandals
If illegal firearms were used in committing homicide, effect is aggravating.
What is the rule on possession of firearms during rebellion?

7. Anti-Hazing Law (RA 8049)

Definition
Punishable Acts
Elements
Persons criminally liable
Will a person, who was simply present during the hazing event, be held
criminally liable for violation of the anti-hazing law?
Will a person, who has knowledge of a hazing event, and was present in
the same vicinity but in a different room, be held liable for violation of the
anti-hazing law?
What is the effect if a person dies during hazing?

8. Dangerous Drugs Act (RA 9165)

 Punishable Acts (Sec. 5-19)
Persons criminally liable
Does this include police officers?
Bungling of evidence
Chain of custody
General rule: adherence to chain of custody
Exceptions
Plea-bargaining - declared unconstitutional.

9. Anti-Money Laundering Act (RA 9160, as amended)

Punishable Acts
Elements
Persons criminally liable
Covered transactions
Suspicious transactions
Exception to Bank Secrecy Law

10. Human Security Act (RA 9372)

Terrorism
Punishable Acts
Persons criminally liable
Exception to Anti Wire Tapping Law
Torture

11. Data Privacy Law (RA 10173)

Punishable Acts
Persons criminally liable
Rights of data subjects
Obligations of holders of personal data
Personal Data
Sensitive Personal Data