CRIMINAL LAW
2024 Bar Examinations
Office of the Bar Chairperson
I. FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW
A. Schools of Thought
1. Classical Theory
2. Positivist Theory
3. Eclectic or Mixed Theory
4. Utilitarian Theory
B. Construction or Interpretation of Penal Laws
1. Effects of Repeal/Amendments of Penal Laws; Repeal by Reenactment
2. Retroactive Effect of Penal Laws
3. Pro Reo Principle
4. Suppletory Application of the Revised Penal Code to Special Laws –
RPC, art. 10
C. Mala in se and mala prohibita
D. Principles of Generality, Territoriality and Prospectivity
E. Constitutional Limitations on the Power of Congress to Enact Penal Laws
1. Equal Protection
2. Due Process
3. Bill of Attainder
4. Ex post facto Law
5. Cruel and Unusual Punishment; Excessive Fine
II. REVISED PENAL CODE – BOOK ONE
A. Felonies (Article 3)
1. Criminal Liability – Article 4(1)
a. Actus reus and mens rea; Objective and Subjective Elements
b. Aberratio ictus, error in personae, and praeter intentionem
c. Proximate Cause and Efficient Intervening Cause
2. Impossible Crime – Article 4(2)
3. Gravity of Felonies: Grave, Less Grave, and Light – Article 9, as
amended by R.A. No. 10951
4. Stages of Execution – Article 6
a. Subjective Phase and Objective Phase
b. Preparatory and Overt Acts
c. Attempted, Frustrated, and Consummated Stages
d. Spontaneous Desistance
5. Duty of the Courts in Case of Non-Punishable Act and Excessive Penalty
– Article 5
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6. Suppletory Application of the Revised Penal Code – Article 10
B. Circumstances Affecting Criminal Liability
1. Justifying Circumstances – Article 11
2. Exempting Circumstances – Article 12
3. Mitigating Circumstances – Article 13
4. Aggravating Circumstances – Article 14
5. Alternative Circumstances – Article 15
6. Absolutory Causes
C. Persons Criminally Liable and Degree of Participation
1. Principals, Accomplices, and Accessories – Articles 16-20
2. Conspiracy and Proposal – Article 8
a. As a mode of incurring criminal liability
b. As a crime
3. Liability for Multiple Commission of Crimes
a. Recidivism – Article 14(9)
b. Habituality – Article 14(10)
c. Quasi-recidivism – Article 160
d. Habitual delinquency –Article 62(5)
D. Plurality of Crimes (Real and Ideal)
1. Absorption System
2. Single Impulse Rule
3. Complex Crime – Article 48
4. Special Complex Crime
5. Continuous/Continued Crime
6. Continuing Crime
E. Penalties
1. Nullum crimen, nulla poena sine lege – Article 21
2. Philosophical Theories
3. Classification of Penalties – Articles 25-26, as amended by R.A. No.
10951
4. Duration and Effects of Penalties – Article 27
5. Application and Graduation of Penalties – Articles 46, 50-57, 61-65 and
76-77
6. Accessory Penalties – Article 25
7. Preventive Imprisonment – Article 29, as amended by R.A. No. 10592
8. Subsidiary Penalty – Article 39, as amended by R.A. No. 10159, sec. 1
9. Community Service – Article 88a, as inserted by R.A. No. 11362, sec. 3;
A.M. No. 20-06-14-SC
10. Release on Recognizance – R.A. No. 10389
11. Successive Service of Sentence – Article 70
12. Three-Fold Rule – Article 70
13. Indeterminate Sentence Law – Act No. 4103, as amended by Act No.
4225 and R.A. No. 4203, secs. 1-2
14. Anti-Death Penalty Law – R.A. No. 9346, secs. 1-3
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15. Pecuniary Liabilities – Article 38
(Note: The specific penalty for each crime is not included. The questions will
provide the prescribed penalties in problems involving application and graduation
of penalties.)
F. Extinction of Criminal Liability
1. Total Extinction
a. Death of Convict
b. Service of Sentence
c. Amnesty
d. Absolute Pardon
e. Prescription of Crimes – Article 90; See Periods of Prescription
for Violations Penalized by Special Acts – Act No. 3326, secs. 1-2
f. Prescription of Penalties – Article 91
g. Marriage between the Offender and the Offended Party – Articles
266-C and 344
h. Probation – P.D. No. 968, as amended by R.A. No. 10707, secs. 4,
9 and 16
2. Partial Extinction – Article 94, as amended by R.A. No. 10592, secs. 2-5
a. Conditional Pardon – Article 95; Act No. 1524
b. Commutation of Sentence – Article 96
c. Good Conduct Allowances – Article 97, as amended by R.A. No.
10592, sec. 3
d. Parole – Act No. 4103, sec. 5
G. Civil Liability Ex-Delicto
1. Primary and Subsidiary
2. Restitution, Reparation, and Indemnification – Articles 104-108
3. Civil Liability of an Offender Exempted from Criminal Liability –
Article 101
4. Share of Each Person Civilly Liable for a Felony – Article 109
5. Preference in Payment – Article 110
6. Persons Who Participated Gratuitously – Article 111
7. Extinction and Survival of Civil Liability Ex-Delicto – Articles 112-113
III. REVISED PENAL CODE – BOOK TWO
A. Title One - Crimes Against National Security and the Law of Nations (Articles
114-123)
1. Anti-Terrorism Act – R.A. No. 11479, secs. 3-12, 25, 26, 29 and 36
2. Terrorism Financing Prevention and Suppression Act – R.A. No. 10168,
secs. 4-9, 17 and 19
3. Anti-Piracy and Anti-Highway Robbery Law – P.D. No. 532, secs. 2-4
4. Philippine Act on Crimes Against International Humanitarian Law,
Genocide and Other Crimes Against Humanity – R.A. No. 9851, secs. 3-
6, 10-12 and 17
B. Title Two - Crimes against the Fundamental Law of the State (Articles 124-133)
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C. Title Three - Crimes against Public Order (Articles 134-160)
D. Title Four - Crimes against Public Interest (Articles 161-187)
E. Title Six - Crimes against Public Morals (Articles 200-201)
F. Title Seven - Crimes Committed by Public Officers (Articles 203-245)
1. Anti-Graft and Corrupt Practices Act – R.A. No. 3019, as amended by
B.P. Blg. 195 and R.A. No. 10910, secs. 2-6, 9 and 11
2. Anti-Plunder Act – R.A. No. 7080, as amended by R.A. No. 7659
a. Definition of Terms – Section 1
b. Definition of the Crime of Plunder – Section 2
c. Series and Combination
d. Pattern
e. Wheel and Chain Conspiracy
G. Title Eight - Crimes Against Persons (Articles 246-266-D)
1. Anti-Hazing Act of 2018 – R.A. No. 8049, as amended by R.A. No. 11053,
secs. 2-3, 12 and 14
H. Title Nine - Crimes against Personal Liberty and Security (Articles 267-292)
I. Title Ten - Crimes against Property (Articles 293-332)
1. Anti-Fencing Law of 1979 – P.D. No. 1612, secs. 2 and 5-6
2. Bouncing Checks Law – B.P. Blg. 22, secs. 1-3 and 5; A.C. No. 12-2000;
A.C. No. 13-2001
3. New Anti-Carnapping Act of 2016 – R.A. No. 10883, secs. 2(e), 3 and 4
4. Motorcycle Crime Prevention Act – R.A. No. 11235, secs. 4, 7, 9 and 11-
13
5. Law on Arson – P.D. No. 1613, secs. 1-7
J. Title Eleven - Crimes against Chastity (Articles 333-346)
K. Title Twelve - Crimes against the Civil Status of Persons (Articles 347-352)
L. Title Thirteen - Crimes against Honor (Articles 353-364)
- Guidelines for the Imposition of Penalties in Libel Cases – A.C. No. 08-
2008
M. Title Fourteen - Quasi-Offenses (Article 365)
IV. SPECIAL PENAL LAWS
A. Comprehensive Firearms and Ammunition Regulation Act (R.A. No. 10591,
secs. 3 and 28-41)
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B. Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-
Child Sexual Abuse or Exploitation Materials (CSAEM) Act (R.A. No. 11930,
secs. 3-8, 11-13, 14, 20, 22 and 25)
C. Anti-Photo and Video Voyeurism Act of 2009 (R.A. No. 9995, secs. 3-7)
D. Anti-Trafficking in Persons Act of 2003 (R.A. No. 9208, as amended by R.A.
Nos. 10364 and 11862, secs. 4-6)
E. Anti-Violence Against Women and their Children Act of 2004 (R.A. No. 9262,
secs. 3, 5, 8-16 and 24-27)
F. Comprehensive Dangerous Drugs Act of 2002 (R.A. No. 9165, as amended by
R.A. No. 10640, secs. 4, 5, 6, 11-15, 21, 23-27, 29, 66, 68 and 98; A.M. 18-03-16-
SC; IRR of R.A. No. 9165, sec. 21)
G. Cybercrime Prevention Act of 2012 (R.A. No. 10175, secs. 4-7)
H. Special Protection of Children Against Abuse, Exploitation, and
Discrimination Act (R.A. No. 7610, as amended by R.A. Nos. 9231 and 11648,
secs. 3, 5, 6, 10, 12 and 16)
I. Safe Spaces Act (R.A. No. 11313, secs. 3-7 and 11)
J. An Act Providing for Stronger Protection Against Rape and Sexual
Exploitation and Abuse, Increasing the Age for Determining the Commission
of Statutory Rape (R.A. No. 11648, secs. 1-3)
K. Juvenile Justice and Welfare Act (R.A. No. 9344, as amended by R.A. No. 10630,
secs. 4, 6-7, 20 and 38)
V. PRACTICAL EXERCISES
Preparation of criminal complaint and/or information
NOTE: All Bar candidates should be guided that only laws, rules, issuances, and
jurisprudence pertinent to the topics in this syllabus as of June 30, 2023 are within the
coverage of the 2024 Bar Examinations.
-NOTHING FOLLOWS-
