Criminal Law (Outline)

1. A) Define Pardon and Amnesty. B) Distinctions of Pardon and Amnesty

2. Distinguish Prescription of Crimes from Prescription of penalties
3. What are the effects when there is commutation of sentence?
4. A) Instances where probation will not be granted to the accused
B) Who are those disqualified from applying for probation
5) A) What is Proximate cause?
B) Efficient intervening cause
6) A) When is there a voluntary act on a felony?
B)When is an act deemed to have ceased voluntarily
7) A) situation: City ordinance No. 004-13, drinking and consuming liquors
beyond the time allowed by the ordinance.
B) City Ord. (Liability of establishment for violation of the ordinance)
C) what if the respondents become insolvent?
8) what is intent?
9) Territoriality principle (Physical injuries committed in Japan)
10) A) What are the civil actions which do not prescribe during the pendency
of the criminal action?
B) when the civil action can proceed independently of the criminal action.
11) situation: A) Murder ( can he be convicted)
B) is the defense valid?
C)can a frontal attack be considered as treachery?
12) A) Police officer convicted for murder, reduction (Mitigating circum. Of in
the exercise of a lawful act)
B) Police officer acting beyond the lawful exercise of his duty.
13) Situation: A) Service of sentence of the accused.
B) Instances where prescription of penalty may be interrupted
14) A) when is Parole to a convict? B) When time for appeal has lapsed
(Judgment shall be final and executor)
15) A) Article 101 of RPC (situational) B) exempted from liability for acting in
private capacity.

16) Situational: accused invoked defense to avoid a greater evil or injury and
defense of a relative
17) Situational: A) Self-defense B)exempting circumstance (duty of a public
officer)
18)Situational: A) Self-defense
strength)

B) Homicide (weapon used is abuse of

19) Situational: A) Principal by direct participation

B) Accessory
C) Accomplice (consented to the criminal action)
D) Accessory ( profited over items)

Other questions:

Pecuniary penalties (definition)

When is there pecuniary liability?
3 instances where aggravating circumstance will not anymore be considered
to affect imposable penalty.
Special time allowance for loyalty
Probation
Who are disqualified from applying probation?
Death of accused pending appeal
Instances where there is interruption of prescription of penalties
When is parole available under indeterminate sentence law
RPC used as a basis for penalties under RA 9346
RPC applies in a suppletory manner
Application of ISL
RA 10159
When Complex Crime or compound crime occurs? Special complex crime
occurs when? Continuing crime occurs when?
When is there a complex penalty?
Direct assault
RA 9165 (engaged into trading or sale of dangerous drugs)
Article 64
Qualified theft
PD 968 as to judgment is final and executory
Illegal use and possession of firearms
Trespassing
Information must only contain one crime charged.
PD 968 (Grounds where probation law cannot be extended)
Estafa
BP 22
Qualified theft

Perjury
RA 9165
Robbery