CRIMINAL LAW 1: Pointers for the Midterm Examination

Please focus on (preferably memorize) the essential elements/rules/fundamentals

of the following concepts/principles/subject matter. Refer also to the cases
studied. Either the principle will be asked in the MCQ or in the essay portion:
1. Definition of Criminal Law and the main characteristics of Philippine Criminal
Law

Criminal Law is that branch or division of law which defines crimes, treats of
their nature, and provides for their punishment.
Philippine Criminal Law has three main characteristics which are the following:
1) Generality or its being binding to all persons who live or sojourn in
Philippine territory (Article 14, New Civil Code);
2) Territoriality or its having force and effect only within Philippine territory;
and
3) Prospectivity or its application only to acts and omissions committed
after the effectivity of the law.

2. Exemptions to the characteristics/cardinal features of criminal law

The characteristics/cardinal features of Criminal Law are subject to some
exceptions:
As to Generality, it is subject to treaty stipulations, laws of preferential
application, and principles of Public International Law. A penal law does not
therefore apply to duty accredited foreign ambassadors, ministers, plenipotentiary,
minister resident, and charge d affaires.
As to Territoriality, Article 2 of the revised Penal Code provides that its
provisions should be enforced outside of the jurisdiction of the Philippines against
those who:
1) Should commit and offense while on a Philippine ship or airship;
2) Should forge or counterfeit any coin or currency note of the Philippines or
obligations and securities issued by the Government of the Philippines;
3)

3. Exceptions to the Territoriality Rule in Criminal Law

4. Constitutional provisions limiting the power of Congress to enact penal laws

5. Concept of Ex Post Facto Law, Void for Vagueness Doctrine, Doctrine of Pro
Reo and Equipoise Doctrine in Criminal Law

6. Distinctions of Dolo and Culpa

7. Distinction of crimes mala in se and crimes mala prohibita

8. Concept of conspiracy and particular rules in conspiracy

9. Entrapment vs. Instigation

10. Proximate cause

11. Motive and Intent and when Motive is essential

12. Attempted/Frustrated/Consummated Felony (focus on the cases)

13. Light/Less Grave and Grave Felonies including penalties

14. Concept of an Impossible Crime/Elements of Impossible Crimes. Can there

be a frustrated Impossible Crime? Is it really a crime?

15. Praeter Intentionem/Aberration Ictus/Error in Personae

16. What is privileged mitigating circumstance? Distinguish a privileged

mitigating circumstance from an ordinary mitigating circumstance as to
reduction of penalty and offsetting against aggravating circumstance/s

17. Define an accomplice. Distinguish an accomplice from a conspirator as to

their knowledge of the criminal design of the principal, their participation,
the penalty to be imposed in relation to the penalty for the principal, and the
requisites/elements to be established by the prosecution in order to hold
them criminally responsible for their respective roles in the commission of
the crime.

18. Define a habitual delinquent. Distinguish habitual delinquency from

recidivism as to the crimes committed, the period of time the crimes are
committed, the number of crimes committed and their effects in relation to
the penalty to be imposed on a convict.

19. Distinguish fully between entrapment and instigation in criminal law

20. Enumeration of exempting, justifying and mitigating circumstances and its

effect on crimes

21. Elements of the justifying circumstance of state of necessity and

performance of duty and obedience to a superior
22. The Battered Woman Syndrome and RA 9262. Focus on the cycle of
violence.

23. Elements of Self-Defense/defense of stranger/defense of relatives

24. Elements of mitigating circumstance of physical defect

25. Mitigating circumstance of vindication/passion/voluntary surrender/plea of

guilt

26. What is privileged mitigating circumstance?

27. Distinguish a privileged mitigating circumstance from an ordinary

mitigating circumstance as to reduction of penalty and offsetting against
aggravating circumstance/s

28. RA 9344 on minority

29. Effects of qualifying aggravating circumstances. Aggravating circumstance

of abuse of superior strength

30. Elements of aggravating circumstance of dwelling/nighttime/uninhabited

place

31. The alternative circumstance of relationship

32. Death/Injuries under exceptional circumstances

33. Requisites to be complicit as an accomplice in a crime

34. Accessories to a crime and who are accessories exempt from criminal
liability?