University of the Visayas

Gullas Law School

Cebu City, Cebu

CRIMINAL LAW I

Course Syllabus

Course : CRML 1
Unit Credit : Three (3) units
Prerequisite Course : None
Instructor : Atty. Russell Randall L. Gocuan
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COURSE DESCRIPTION:

This is a branch of law that defines felonies, treats of their nature and provides for their punishment.

Criminal Law 1 deals in fundamental principles in Criminal Law. The major topics are: how
criminal liability is incurred; how criminal liability is modified; who are criminally liable; duration,
effect and application of penalties; and civil liability arising from felonies.

LEARNING OUTCOMES:

Upon completion of the course CRIMINAL LAW 1, the student should be able to:

1. Understand the basic and fundamental principles that govern criminal law.

2. Identify the different principles of law governing the following topics: how criminal liability
is incurred; how criminal liability is modified; who are criminally liable; duration, effect and
application of penalties; and civil liability arising from felonies.

3. Relate the principles in criminal law to the assigned cases so as to better understand their
application in actual cases.

4. Internalize the rationale behind criminal law, and thus be an effective and ethical advocate
either for the prosecution or defense.

LEARNING APPROACHES, STRATEGIES & TECHNIQUES:

This course will be conducted by employing a combination of lectures, oral recitations, and written
examinations. The student will be required to read text books and cases relevant to the subject
matter.

Oral recitations will be conducted with the end of testing the student’s ability to comprehend the
reading assignments as well as his oral communicative skills. The student will be required to orally
recite on matters taken up the previous session as well as assigned cases and topics to be taken up for
the present session. There will be at least three major examinations in this course.

Written examinations will generally be composed of two parts: an MCQ (Multiple Choice Question)
component and an Essay component. MCQs will generally test the student’s knowledge of the entire
coverage for that particular examination while the essay questions will focus on specific topics which
are generally considered as the most important topics in the coverage.

MATERIALS/RESOURCES:

- The Revised Penal Code, Book One by Luis B. Reyes, preferably the 2017 Edition or later editions.
- Assigned Cases and Special Penal Laws (SPLs)
- The Revised Penal Code of the Philippines Codals (with SPLs), latest Edition of any publisher

Note: Student may obtain materials other than those suggested above but must be mindful of
updates in law and jurisprudence. Student is not in any way required to purchase or obtain a
copy of above-mentioned materials.

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EVALUATIVE MEASURES:

Written Examinations will have a passing rate of 70% for each examination.
Oral Recitations and other activities will have a passing rate of 70%.

The final grade will be computed in the following manner:

1st Written Examination – 30%

2nd Written Examination – 30%
3rd Written Examination – 30%
Oral Recitations – 10%
Final Grade

POLICIES:

Oral recitations will be given out through random draw throughout the semester.

Attendance shall be the concern of the student.

Students shall take the written examinations as scheduled. No special (advance/late) examinations
shall be given.

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CRIMINAL LAW I

LEARNING CONTENT:

I. FUNDAMENTAL PRINCIPLES

A. Definition of Criminal Law

i. Legal Maxim: “nullum crimen, nulla poena sine lege”

- People v. Cabural, G.R. No. L-34105, February 4, 1983

B. Sources of Philippine Criminal Law

i. Revised Penal Code

ii. Special Laws passed by the legislature

iii. Presidential Decrees issued during Marcos Era Martial Law

- Joya v. Jail Warden of Batangas, G.R. Nos. 159418-19, December 10, 2003

C. Theories of Criminal Law

a. Classical Theory

- People v. Estrada, G.R. No. 130487, June 19, 2000

b. Positivist Theory

- Joya v. Jail Warden of Batangas, G.R. Nos. 159418-19, December 10, 2003

D. The State; Police Power; authority to define and punish crimes

- People v. Santiago, G.R. No. L-17584, March 08, 1922

E. Limitations on enacting penal laws

a. Ex post facto Law

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 b. Bill of attainder
c. Criminal Due Process

F. Construction of Criminal Laws

i. Legal Maxim: “In dubio pro reo”

ii. Spanish text > English translation

G. Scope of Application and Characteristics of Criminal Law

i. General (Generality Principle)

- Gonzales v. Abaya, G.R. No. 164007, August 10, 2006

ii. Territorial (Territoriality Principle)

Art. 2 of the RPC

- US v. H.N. Bull, G.R. No. 5270, January 15, 1910

- People v. Wong Cheng, G.R. No. L-18924, October 19, 1922
- US v. Look Chaw, G.R. No. L-5887, December 16, 1911
- US v. Ah Sing, G.R. No. 13005, October 10, 1917

iii. Prospective (Prospectivity)

II. FELONIES

A. Art. 3. Felonies

- People v. Silvestre, G.R. No. 35748, December 14, 1931

B. Dolo or Malice

C. Mistake of Fact

- US v. Ah Chong, 15 Phil. 488

- People v. Oanis, 74 Phil. 257

D. Mistake of Fact vs. Mistake of Law

- Diego v. Castillo, A.M. No. RTJ-02-1673, August 11, 2004

E. Culpa or Fault

F. Offenses Punished by Special Laws

G. Mala in se (wrong from their nature) vs.

Mala prohibita (wrong because it is specifically prohibited)

H. Motive and Intent

I. Art. 4

- People v. Bindoy, 56 Phil. 15

Mistake in identity – error in personae

Mistake in the blow – aberratio ictus
Injurious result is greater than what is intended – praeter intentionem

- People v. Cagoco, 58 Phil. 524

- People v. Illustre, 54 Phil. 594
- People v. Rodriguez, 23 Phil. 22

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 - People v. Reyes, 61 Phil. 341
- US v. Marasigan, 27 Phil. 504
- People v. Moldes, En Banc, G.R. No. 42122, December 01, 1934

J. Doctrine of Proximate Cause

- Vda. De Bataclan v. Medina, 102 Phil. 181

- Urbano v. People, G.R. No. 182750, January 20, 2009
- Seguritan v. People, G.R. No. 172896, April 19, 2010
- People v. Marco, G.R. Nos. L-28324-5, May 19, 1978
- People v. Villacorta, G.R. No. 186412, September 07, 2011

K. Impossible Crimes

- People v. Domasian, G.R. No. 95322, March 01, 1993

- Intod v. People, G.R. No. 103119, October 21, 1992
- People v. Enoja, G.R. No. 102596, December 17, 1999

L. Art. 5

Judges may not impose penalties in the alternative.

- Abellana v. People, G.R. No. 174654, August 17, 2011

M. Art. 6. Stages of Execution

i. Attempted
ii. Frustrated
iii. Consummated

N. Attempted Stage

- People v. Lamahang, 61 Phil. 703

- People v. Lizada, G.R. No. 143468-71, January 24, 2003
- Rivera v. People, G.R. No. 166326, January 25, 2006
- Araneta v. CA, G.R. No. 43527 & 43745, July 3, 1990
- Baleros v. People, G.R. No. 138033, February 22, 2006

O. Frustrated Stage

- People v. Sy Pio, 94 Phil. 885

- US v. Eduave, 36 Phil. 210
- People v. Dagman, 47 Phil. 771

P. Frustrated Theft

- Valenzuela v. People, En Banc, G.R. No. 160188, June 21, 2007

Q. Frustrated or Attempted Homicide

- Colinares v. People, G.R. No. 182748, December 13, 2011

- Roque v. People, G.R. No. 193169, April 06, 2015

R. Consummated Stage

S. Art. 8 – Conspiracy and Proposal to commit felony

- People v. Aleta, G.R. No. 179708, April 16, 2009

- People v. Lopez, G.R. No. 177302, April 16, 2009
- People v. Labado, G.R. No. 234651, June 06, 2018
- People v. Badillos, G.R. No. 215732, June 06, 2018

T. Direct Proof of Conspiracy is not required.

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 - People v. Amodia, G.R. No. 173791, April 07, 2009
- People v. Lagat, G.R. No. 187044, September 14, 2011
- People v. Muit, G.R. No. 181043, October 08, 2008
- People v. Agacer, G.R. No. 177751, December 14, 2011
- People v. Reyes, G.R. No. 178300, March 17, 2009
- People v. Malibiran, G.R. No. 178301, April 24, 2009
- People v. Evangelio, G.R. No.181902, August 31, 2011
- Quidet v. People, G.R. No. 170289, April 08, 2010
- People v. Bokingo, G.R. No. 187536, August 10, 2011

U. Art. 9. (See R.A. No. 10951)

V. Art. 10

- Go-Tan v. Spouses Tan, G.R. No. 168852, September 30, 2008

III. CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

A. The circumstances that affect criminal liability are:

1. Justifying (Art. 11)

2. Exempting (Art. 12)
3. Mitigating (Art. 13)
4. Aggravating (Art. 14)
5. Alternative (Art. 15)

B. Absolutory Causes

 Art. 20 – Minority
 Art. 124, last par. – crime, violent insanity or any other ailment requiring
compulsory confinement considered legal grounds for detention.
 Art. 280, last par. – provisions on trespass to dwelling is not applicable to one who
enters the dwelling of another in the ff:
 To prevent serious harm to himself
 To prevent serious harm to the occupants
 To prevent serious harm to a third person
 To render some service to humanity or justice
 One who enters cafes, taverns, inns, and other public houses while the same
is open.
 Art. 332 – Persons exempt from criminal liability in crimes of theft, swindling, and
malicious mischief.
 Art. 344 – In crimes of adultery and concubinage the charges must be filed by the
offended spouse and the charge must include both guilty parties.

C. Imputability vs. Responsibility

D. Art. 11 – Justifying Circumstances

1. Self-Defense

a. Unlawful Aggression

- Colinares v. People, G.R. No. 182748, December 13, 2011

- People v. Concillado, G.R. No. 181204, November 28, 2011
- People v. Gayrama, G.R. No. 39270, October 30, 1934
- US v. Merced, 39 Phil. 198
- People v. Matibag, G.R. No. 206381, March 25, 2015

b. Actual, Sudden and unexpected attack on the life and limb of a person or an
imminent danger thereof and not merely a threatening or intimidating attitude

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 - Baxinela v. People, G.R. No.149652, March 24, 2006
- US v. Laurel, 22 Phil. 252
- People v. Cabungal, 51 Phil. 803
- People v. Sabio, G.R. No. L-23734, April 27, 1967
- People v. Macaso, G.R. No. L-30489, June 30, 1975
- US v. Ferrer, G.R. No. 60, November 08, 1901
- Cano v. People, G.R. No. 155258, October 07, 2003
- People v. Alconga, 78 Phil. 366
- People v. Acosta, G.R. No. 140386, November 29, 2001
- People v. Aleta, G.R. No. 179708, April 16, 2009

c. Defense of Rights

- People v. Juarigue, 76 Phil. 174

- US v. Guy-sayco, 13 Phil. 292
- People v. De la Cruz, 61 Phil. 422

d. Reasonable Necessity

- People v. Lara, G.R. No. 24014, October 16, 1925

- US v. Macasaet, G.R. No. 11718, October 31, 1916
- US v. Apego, 23 Phil. 391
- People v. Oñas, G.R. No. L-17771, November 29, 1962
- US v. Mendoza, 2 Phil. 109
- US v. Mack, 8 Phil. 701
- People v. Ignacio, G.R. No. 40140, November 27, 1933

e. Lack of Sufficient Provocation

- People v. Genosa, G.R. No. 135981, January 15, 2004

f. Burden of proving self-defense

- Colinares v. People, G.R. No. 182748, December 13, 2011

- People v. Nugas, G.R. No. 172606, November 23, 2011
- People v. Concillado, G.R. No. 181204, November 28, 2011
- People v. Maningding, G.R. No. 195665, September 14, 2011

2. Defense of Relatives

- US v. Esmedia, G.R. No. L-5749, October 21, 1910

- People v. Toring, G.R. No. 56358, October 26, 1990
- People v. Caabay, G.R. Nos. 129961-62, August 25, 2003
- Balunueco v. CA, G.R. No. 126968, April 09, 2003

3. Defense of Strangers

- Cabuslay v. People, G.R. No. 129875, September 30, 2005

4. Avoidance of Greater Evil or Injury

- People v. Ricohermoso, 56 SCRA 431

- Tan v. Standard Vacuum Oil, 91 Phil. 672
- Ty v. People, G.R. No. 149275, September 27, 2004

5. Fulfillment of Duty or Lawful Exercise of Right or Office

- Cabanlig v. Sadiganbayan, G.R. No. 148431, July 28, 2005

6. Obedience to an Order issued for some Lawful Purpose

- People v. Beronilla, G.R. No. L-4445, February 28, 1955

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E. Art. 12 – Exempting Circumstances

1. Insanity or imbecility.

- People v. Ambal, G.R. No. L-52688, October 17, 1980

- People v. Bascos, G.R. No. 19605, December 19, 1922
- People v. Bonoan, G.R. No. 45130, February 17, 1937
- People v. Legaspi, G.R. Nos. 136164-65, April 20, 2001
- People v. Madarang, G.R. No. 132 319, May 12, 200
- People v. Opuran, G.R. Nos. 147674-75, March 17, 2004

2. Minority (15 yrs of age or under, R.A. No. 9344)

- R.A. No. 9344, Juvenile Justice and Welfare Act of 2006

- R.A. No. 10630

3. Minority (Above 15 yrs of age but below 18 yrs of age, if acting w/o discernment)

4. Any person who, while performing a lawful act with due care, causes an injury by mere
accident w/o fault or intention of causing it.

- People v. Genita, G.R. No. 126171, March 11, 2004

- People v. Agliday, G.R. No. 140794, October 16, 2001

Self-defense is inconsistent with accident.

- Pomoy v. People, G.R. No. 150647, September 29, 2004

5. Any person who acts under the compulsion of an irresistible force.

- People v. Loreno, G.R. No. L-54414, July 09, 1984

6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater
injury.

- People v. Saldaña, G.R. No. 148518, April 15, 2004

7. Any person who fails to perform an act required by law, when prevented by some lawful
or insuperable cause.

F. Absolutory Causes.

G. Instances of Absolutory Causes:

Art. 6. Spontaneous desistance.

Art. 20. Accessories exempt.
 Spouses
 Ascendants
 Descendants
 Legal, natural and adopted brother and sister
 Relatives by affinity within the same degrees

 Except if accessory profited or assisted the offenders to profit by the effects of

the crime.

Art. 124. Requiring confinement in a hospital.

Art. 247. Death inflicted under exceptional circumstances.
Art. 280. Par. 3. Trespass to Dwelling
Art. 332. Persons exempt from criminal responsibility.
Art. 344. SARA

H. Instigation and Entrapment

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I. Distinction between instigation and entrapment.

- People v. Valencia, G.R. No. 143032, October 14, 2002

- People v. Ong, G.R. No. 137348, June 21, 2004
- People v. Legaspi, G.R. No. 173485, November 23, 2011

J. Mitigating Circumstances.

K. Privileged and Ordinary.

L. Instances of privileged mitigating circumstances are:

Art. 68 – Minority
Art. 69 – where the crime is not wholly excusable. A penalty one or two degrees lower than
that prescribed by law.
Art. 64 (5) – where there are 2 or more mitigating circumstances and no aggravating
circumstances, a penalty next lower to that prescribed by law shall be
imposed.

M. Art. 13 – Mitigating Circumstances

1. All requisites necessary to justify or to exempt from criminal liability are not attendant.

- People v. Librando, G.R. No. 132251, July 06, 2000

2. Minority

- R.A. No. 9344, Juvenile Justice and Welfare Act of 2006

- R.A. No. 10630

- People v. Arpon, G.R. No. 183563, December 14, 2011

3. Offender had no intention to commit so grave a wrong as that committed.

- US v. Reyes, 36 Phil. 904

- People v. Callet, G.R. No. 135701, May 09, 2002
- Urbano v. People, G.R. No. 182750, January 20, 2009
- People v. Gonzalez, G.R. No. 139542, June 21, 2001
- People v. Enriquez, 58 Phil. 536 (1933)
- People v. Pajenado, G.R. No. L-26458, January 30, 1976

4. Sufficient provocation or threat on the part of the offended party immediately preceded
the act.

- Urbano v. People, G.R. No. 182750, January 20, 2009

5. Immediate vindication of a grave offense.

- People v. Parana, G.R. No. 45373, March 31, 1937

- People v. Ventura, G.R. Nos. 148145-46, July 05, 2004

6. Passion or obfuscation.

- US v. Taylor, 06 Phil. 162

- People v. Noynay, 58 Phil. 393
- People v. Caliso, 58 Phil. 283
- People v. Layson, G.R. No. L-25177, October 31, 1969
- People v. Gravino, G.R. Nos. L-31327-29, May 16, 1983
- US v. Hicks, 14 Phil. 217
- US v. De La Cruz, G.R. No. 7094, March 29, 1912
- US v. Herrera, G.R. No. 4960, July 17, 1909
- Romera v. People, G.R. No. 151978, July 14, 2004

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 7. Voluntary Surrender or Confession.

 Voluntary surrender

- People v. Obligado, G.R. No. 171735, April 16, 2009

- People v. Concillado, G.R. No. 181204, November 28, 2011
- People v. Verges, G.R. Nos. L-36882-84, July 24, 1981
- People v. Palo, G.R. Nos. L-9593-94, July 31, 1957
- People v. Lagrana, G.R. No. L-68790, January 23, 1987
- People v. Agacer, G.R. No. 177751, December 14, 2011

 Plea of guilty

- People v. Crisostomo, G.R. No. L-32243, April 15, 1988

- People v. Ortiz, G.R. No. L-19585, November 29, 1965
- People v. Espidol, G.R. No. 150033, November 12, 2004

8. The offender is deaf, dumb, blind or otherwise suffering from some physical defect.

- People v. Francisco, G.R. No. 118573-74, May 31, 2000

- People v. Deopante, G.R. No. 102772, October 30, 1996

9. Illness of the offender.

- People v. Formigones, G.R. No. L-3246, November 29, 1950

10. Analogous Circumstances.

- Sarigumba v. Sandiganbayan, G.R. Nos. 154239-41, February 16, 2005

- Danafrata v. People, G.R. No. 143010, September 30, 2003

N. Aggravating Circumstances.

 Generic
 Specific
 Qualifying
 Inherent

O. Distinction between Qualifying and Generic.

P. Rule 110, Secs. 8 & 9, Revised Rules of Criminal Procedure.

- People v. Elona, G.R. Nos. 146352-56, September 10, 2002

Q. Art. 14 – Aggravating Circumstances

1. Advantage be taken by the offender of his public position.

- US v. Rodriguez, 19 Phil. 150

- Pablo v. People, G.R. No. 152481, April 15, 2005
- People v. Magayac, G.R. No. 126043, April 19, 2000
- People v. Fallorina, G.R. No. 137347, March 04, 2004
- People v. Villamor, G.R. Nos. 140407-08, January 15, 2002
- People v. Gapasin, G.R. No. 73489, April 25, 1994

2. In contempt of or with insult to the public authorities.

- People v. Gutierrez, G.R. No. 116281, February 08, 1999

3. Disregard of Rank, Age, Sex or Dwelling of Offended Party.

- People v. Mangsant, G.R. No. 45704, May 25, 1938

- People v. Dela Cruz, G.R. Nos. 154348-50, June 08, 2004

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 - People v. Hernandez, G.R. No. 139697, June 15, 2004

Dwelling of Offended Party.

- People v. Alcala, G.R. No. L-18988, December 29, 1922

- People v. Evangelio, G.R. No. 181902, August 31, 2011
- US v. Licarte, 23 Phil. 10
- People v. Dequiña, G.R. Nos 41040, August 09, 1934
- People v. Agoncillo, G.R. No. 138983, May 23, 2001

4. Abuse of confidence or obvious ungratefulness.

- People v. Caliso, G.R. No. 37271, July 01, 1933

5. Crime is committed in the palace of the Chief Executive, in his presence, where public
authorities are engaged in the discharge of duties or in a place dedicated to public
worship.

6. Nighttime, uninhabited place, by band.

- People v. Librando, G.R. No. 132251, July 06, 2000

Nighttime.

- People v. Silva, G.R. No. 140871, August 08, 2002

- People v. Cariño, G.R. No. 131117, June 15, 2004

Uninhabited place.

- People v. Rubia, 52 Phil. 172

- People v. Ugiaban, G.R. No. 132745, March 09, 2000

Band.

- People v. Magdamit, G.R. No. 118130, September 24, 1997

- People v. Dinamling, G.R. No. 134605, March 12, 2002
- People v. Lozano, G.R. Nos. 137370-71, September 29, 2003
- People v. Evangelio, G.R. No. 181902, August 31, 2011

7. On the occasion of a conflagration, shipwreck, earthquake, epidemic, or other calamity

or misfortune.

8. Aid of armed men or persons who insure or afford impunity.

- People v. Lozano, G.R. Nos. 137370-71, September 29, 2003

9. Recidivism.

- People v. Rapisora, G.R. 147855, May 28, 2004

10. Reiteracion or Habituality.

11. In consideration of a price, reward or promise.

- US v. Parro, G.R. No. 12607, September 27, 1917

- People v. Talledo, G.R. No. L-1778, February 23, 1950
- People v. Alincastre, G.R. No. L-29891, August 30, 1970
- People v. Cañete, G.R. No. L-37945, May 28, 1984

12. By means of inundation, fire, poison, explosion, stranding of vessel or intentional

damage thereto, derailment of locomotive, or any other artifice of great waste or ruin.

- People v. Comadre, G.R. No. 153559, June 08, 2004

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13. Evident premeditation.

- People v. Tobechukwu, G.R. No. 142044, November 23, 2001

- People v. Concillado, G.R. No. 181204, November 28, 2011
- US v. Manalinde, 14 Phil. 77
- People v. Mendoza, 91 Phil. 58
- People v. Duavis, G.R. No. 190861, December 07, 2011
- People v. Hilario, G.R. No. 128083, March 16, 2001

14. Craft, Fraud or Disguise.

- People v. Nuñez, G.R. Nos. 112429-30, July 23, 1997

- People v. Legaspi, G.R. No. 137283, February 17, 2003
- People v. Reyes, G.R. No. 118649, March 09, 1998
- People v. Cabato, G.R. No. L-37400, April 15, 1988
- People v. Cunanan, G.R. No. L-30103, January 20, 1977

15. Advantage be taken of superior strength or means be employed to weaken the defense.

- People v. Drew, G.R. No. 127368, December 03, 2001

- People v. Padilla, G.R. No. 75508, June 10, 1994
- People v. Barcelon, G.R. No. 144308, September 24, 2002
- People v. Amodia, G.R. No. 177356, November 20, 2008
- People v. Ventura, G.R. Nos. 148145-46, July 05, 2004

Means employed to weaken defense.

- People v. Ducusin, G.R. No. 30724, August 08, 1929

16. Treachery.

- People v. Sicad, G.R. No. 133833, October 15, 2002

- People v. Yanson, G.R. No. 179195, October 03, 2011
- People v. Abdulah, G.R. No. 182518, January 20, 2009
- People v. Gidoc, G.R. No. 185162, April 24, 2009
- Velasco v. People, G.R. No. 166479, February 28, 2006
- People v. Regalado, G.R. No. 177302, April 16, 2009
- People v. Jugueta, G.R. No. 202124, April 05, 2016
- People v. Cadampog, G.R. No. 218244, June 13, 2018

Not in a position to defend himself.

- People v. Dela Peña, G.R. No. 183567, January 19, 2009

Swift and sudden attack even if frontal cannot discount treachery.

- People v. Agacer, G.R. No. 177751, December 14, 2011

- People v. Maningding, G.R. No. 195665, September 14, 2011
- People v. Villacorta, G.R. No. 186412, September 07, 2011

Means must be consciously adopted.

- People v. Guevarra, G.R. No. 182192, October 29, 2008

- People v. Cañete, 44 Phil. 478
- US v. Baluyot, 40 Phil. 385
- People v. Trinidad, G.R. No. L-38930, June 28, 1988

17. Ignominy.

- US v. Abaigar, G.R. No. 1255, August 17, 1903

- US v. De Leon, G.R. No. 522, March 10, 1902
- People v. Acaya, G.R. No. L-72998, July 29, 1988

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 - People v. Siao, G.R. No. 126021, March 03, 2000

18. Unlawful entry.

- People v. Mendiona, G.R. No. 129056, February 21, 2000

19. Breaking wall, roof, floor, door or window.

20. Aid of persons under 15 or by means of motor vehicle, airships or other similar means.

- People v. Espejo, G.R. No. L-27708, December 19, 1970

21. Cruelty.

- People v. Sitchon, G.R. No. 134362, February 27, 2002

R. Art. 15 – Alternative Circumstances

1. Relationship

- People v. Calongui, G.R. No. 170566, March 03, 2006

- People v. Capareda, G.R. No. 128363, May 27, 2004
- People v. Orillosa, G.R. Nos. 148716-18, July 07, 2004
- People v. Glodo, G.R. No. 136085, July 07, 2004
- People v. Borbon, G.R. No. 143085, March 10, 2004
- People v. Inggo, G.R. No. 140872, June 23, 2003
- People v. Bernal, G.R. Nos. 132791 & 140465-66, September 02, 2002
- People v. Mangsant, G.R. No. 45704, May 25, 1938

2. Intoxication

3. Degree of instruction and education

IV. PERSONS CRIMINALLY LIABLE & DEGREE OF PARTICIPATION

a) Principals;
b) Accomplices;
c) Accessories.

I. Principals

A. Requisites

B. Conspiracy

C. Indicators of conspiracy

- People v. Sicad, G.R. No. 133833, October 15, 2002

- People v. Reyes, G.R. No. 178300, March 17, 2009
- People v. Aleta, G.R. No. 179708, April 16, 2009
- People v. Amodia, G.R. No. 173791, April 07, 2009
- People v. Regalario, G.R. No. 174483, March 31, 2009
- People v. Malibiran, G.R. No. 178301, April 24, 2009
- People v. Timbol, G.R. 47471-73, August 04, 1944

D. When there is no conspiracy

- People v. Gensola, G.R. No. L-24491, September 30, 1969

- People v. Padrones, G.R. No. 85823, September 13, 1990

E. Principal by Induction

F. Two ways of becoming a principal by induction

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 1. Directly forcing another to commit a crime.
2. Directly inducing another to commit a crime.

- People v. Yanson-Dumancas, G.R. Nos. 133527-28, December 13, 1999

G. Principals by indispensable cooperation

- People v. Carriaga, G.R. No. 135029, September 12, 2003

II. Accessories

- People v. Tolentino, G.R. No. 139179, April 03, 2002

V. PENALTIES

A. Art. 22. Retroactive effect of penal laws.

Habitual Criminal.

B. Art. 23. Pardon by the offended party.

C. Art. 25 is a classification of penalties as to principal or accessory penalties.

R.A. No. 9346 – An Act Prohibiting the Imposition of Death Penalty in the Philippines

D. Art. 26. Classification of fine as a penalty.

E. Art. 27. Duration of penalties.

- People v. Lucas, G.R. Nos. 108172-73, January 09, 1995

F. Art. 28. Computation of penalties.

G. Art. 29. Preventive detention.

R.A. No. 10592

H. Art. 35. Bond to keep the peace.

I. Art. 39. Subsidiary penalty.

Under the RPC

Under Special Laws.
R.A. No. 10159

J. Accessory Penalties.

Art. 45. Confiscation and Forfeiture of the proceeds of the crime and instruments and tools
in the commission of the crime.

- PDEA v. Brodett, G.R. No. 196390, September 28, 2011

K. Automatic review by the CA in case the penalty of reclusion perpetua or life imprisonment.

- People v. Mateo, G.R. Nos. 147678-87, Jul 07, 2004

L. Art. 48. Complex Crimes.

Compound crime.

- Ivler v. Modesto-San Pedro, G.R. No. 172716, November 17, 2010

Complex crime proper.

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 - Celino v. CA, G.R. No. 170562, June 29, 2007.

Continued crime.

M. Penalties in general

- People v. Reynes, G.R. No. 134607, December 12, 2001

N. Art. 65. Diving Penalties (divisible) into three equal portions

O. Art. 70. Service of sentence.

Simultaneous or successive service.

The three-fold rule.

40-year limitation.

P. Art. 71. Graduation of penalties.

Q. Art. 72. Payment of fines; chronological order.

R. Indeterminate Sentence Law.

Rule under the RPC and Special Penal Laws

Application.

- People v. Gonzalez, 73 Phil. 549

- Sison v. People, G.R. No. 222704, April 13, 2016

S. Probation Law.

- Sable v. People, G.R. No. 177961, April 07, 2009

- Colinares v. People, G.R. No. 182748, December 13, 2011
- R.A. No. 10707

VI. EXTINCTION OF CRIMINAL LIABILITY

A. Art. 89. Total extinction of criminal liability.

- People v. Bayotas, G.R. No. 102007, September 02, 1994

- People v. Santiago, G.R. No. 27972, October 31, 1927
- People v. Lipata, G.R. No. 200302, April 20, 2016

B. Art. 100. Civil Liability.

- Abellana v. People, G.R. No. 174654, August 17, 2011

- People v. Jadap, G.R. No. 177983, March 30, 2010
- People v. Rante, G.R. No. 184808, March 29, 2010
- People v. Jugueta, G.R. No. 202124, April 05, 2016

Civil liability in rape

Simple rape

- People v. Dalisay, G.R. No. 188106, November 25, 2009

Qualified rape

- People v. Garcia, G.R. No. 177740, April 05, 2010

Homicide

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 - Seguritan v. People, G.R. No. 170289, April 19, 2010

Temperate damages and Actual damages

- Quidet v. People, G.R. No. 170289, April 08, 2010

C. Art. 104. What is included in civil liability.

- People v. Lagat, G.R. No. 187044, September 14, 2011

- People v. Villar, G.R. No. 202708, April 13, 2015

SCORING RUBRIC FOR WRITTEN EXAMINATIONS

Criteria 2-6 pts 7-8 pts 9-10 pts

Legal Principle The legal principle has not Understands the legal Mastery of legal
been fully understood. principle and principle and
(1-2 pts) communicates it in an communicated in a brief,
acceptable manner. accurate and concise
(3 pts) manner.
(3-4 pts)
Application Improper or inappropriate Can relate the legal Full understanding of the
reference to jurisprudence. principle to relevant application of the
(1-2 pts) jurisprudence. principle with
(2-3 pts) current/relevant
jurisprudence.
(3 pts)
Grammar & Errors in tense, subject- English is generally English is generally
Composition verb agreement, spelling error-free. error-free. Answers are
and use of proper legal (1 pt) given in a clear,
terms. categorical and well-
(0-1 pt) organized manner.
(2 pts)
Presentation Answers are full of Erasures are kept to a No erasures, tearing of
erasures, pages, torn from minimum. Handwriting pages, and interchanging
the examination booklet is legible. of numbers.
and numbers are (1 pt) Handwriting is legible
interchanged. Handwriting and very easy to read.
is poor. (1 pt)
(0-1 pt)

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