1. New provision on the Probation Law (must memorize).

SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial court may, after it shall have
convicted and sentenced a defendant for a probationable penalty and upon application by said defendant
within the period for perfecting an appeal, suspend the execution of the sentence and place the defendant
on probation for such period and upon such terms and conditions as it may deem best. No application for
probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of
conviction: Provided, That when a judgment of conviction imposing a non-probationable penalty is appealed
or reviewed, and such judgment is modified through the imposition of a probationable penalty, the defendant
shall be allowed to apply for probation based on the modified decision before such decision becomes final.
The application for probation based on the modified decision shall be filed in the trial court where the judgment
of conviction imposing a non-probationable penalty was rendered, or in the trial court where such case has
since been re-raffled. In a case involving several defendants where some have taken further appeal, the other
defendants may apply for probation by submitting a written application and attaching thereto a certified true
copy of the judgment of conviction.

“The trial court shall, upon receipt of the application filed, suspend the execution of the sentence imposed in
the judgment.

“This notwithstanding, the accused shall lose the benefit of probation should he seek a review of the modified
decision which already imposes a probationable penalty.

“Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. The filing of
the application shall be deemed a waiver of the right to appeal.

“An order granting or denying probation shall not be appealable.”

2. Elements of acts punishable under the Human Security Act (RA 9372).
Any person who commits an act punishable under any of the following provisions of the Revised Penal Code:
a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 134-a (Coup d' Etat), including acts committed by private persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal Detention);
f. Article 324 (Crimes Involving Destruction), or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession,
Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)

thereby sowing and creating a condition of widespread and extraordinary fear and panic among the
populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of
terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of parole as
provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.

*terrorism can be committed when a crime contains three essential elements of terrorism:
(1) the commission of one or more of the crimes enumerated above,
(2) the crime sows and creates a condition of widespread and extraordinary fear and panic among the
populace, and
(3) the purpose of the crime is to coerce the government to give in to an unlawful demand.

3. New rules on RA 10591.

Section 29. Use of Loose Firearm in the Commission of a Crime. – The use of a loose firearm, when inherent in
the commission of a crime punishable under the Revised Penal Code or other special laws, shall be considered
as an aggravating circumstance: Provided, That if the crime committed with the use of a loose firearm is
 penalized by the law with a maximum penalty which is lower than that prescribed in the preceding section for
illegal possession of firearm, the penalty for illegal possession of firearm shall be imposed in lieu of the penalty
for the crime charged: Provided, further, That if the crime committed with the use of a loose firearm is penalized
by the law with a maximum penalty which is equal to that imposed under the preceding section for illegal
possession of firearms, the penalty of prision mayor in its minimum period shall be imposed in addition to the
penalty for the crime punishable under the Revised Penal Code or other special laws of which he/she is found
guilty.

4. Definition of a loose firearm under RA 10591.

Loose firearm refers to an unregistered firearm, an obliterated or altered firearm, firearm which has been
lost or stolen, illegally manufactured firearms, registered firearms in the possession of an individual other
than the licensee and those with revoked licenses in accordance with the rules and regulations.

5. Definition of “qualified trafficking in persons” and the penalty.

Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:

(a) When the trafficked person is a child;

(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country
Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;

(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a
syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another.
It is deemed committed in large scale if committed against three (3) or more persons, individually or as a
group;

(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the
trafficked person or when the offense is committed by a public officer or employee;

(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law
enforcement agencies;

(f) When the offender is a member of the military or law enforcement agencies; and

(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes
insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune
Deficiency Syndrome (AIDS).

Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life imprisonment and
a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00);

6. Rule on plea bargaining under the Comprehensive Dangerous Drugs Act?

7. Crimes Against Persons.

1. Destruction of Life
(i). Parricide 246
(ii). Murder 248
(iii). Homicide 249 which includes (a) Under Exceptional Circumstances (b) In a tumultuous Affray (c) In a duel
(iv). Giving Assistance to a Suicide 253
(v). Infanticide 245
(vi), Abortion
2. Physical Injuries
a. Mutilation
b. Serious
c. Less Serious
d. slight
3. Rape
 a. Simple
b. Qualified

8. Ways of committing the crime of rape. Elements of each.

1. Rape through sexual intercourse

a. The offender is a man;
b. That he has carnal knowledge with a woman;
c. Under the following circumstances:
i. Through force or intimidation;
ii. When the offended party is deprived of reason or otherwise unconscious;
iii. By means of fraudulent machination or grave abuse of authority; or
iv. When the offended party is under 12 years of age or is demented.
2. Rape through sexual assault
a. 1st instance
i. That the offender is a man
ii. That he inserts his penis into the mouth or anal orifice of another person
iii. Under the same circumstances of rape through sexual intercourse;
b. 2nd instance
i. Offender is a man or a woman
ii. That the offender inserts any instrument to the genital or anal orifice of another person
iii. Under the circumstance of rape through sexual intercourse

9. Definition of grooming luring and pandering under Section 4 of the Anti-Child Pornography Act.
h) "Grooming" refers to the act of preparing a child or someone who the offender believes to be a child for
sexual activity or sexual relationship by communicating any form of child pornography. It includes online
enticement or enticement through any other means.

(i) "Luring" refers to the act of communicating, by means of a computer system, with a child or someone who
the offender believes to be a child for the purpose of facilitating the commission of sexual activity or
production of any form of child pornography.(2) Bestiality;

(j) "Pandering" refers to the act of offering, advertising, promoting, representing or distributing through any
means any material or purported material that is intended to cause another to believe that the material or
purported material contains any form of child pornography, regardless of the actual content of the material or
purported material.

10. Rule if the paramour is the one who invokes self-defense when caught in the act.

11. Rule if husband kills identical twin of wife when caught in the act.

12. Crimes Against Personal Liberty and Security.

Section One. – Illegal Detention
Art. 267. Kidnapping and serious illegal detention
Art. 268. Slight illegal detention.
Art. 269. Unlawful arrest.

Section Two. — Kidnapping of minors

Art. 270. Kidnapping and failure to return a minor.
Art. 271. Inducing a minor to abandon his home.

Section Three. – Slavery and Servitude

Art. 272. Slavery.
Art. 273. Exploitation of child labor.
Art. 274. Services rendered under compulsion in payment of debt.
13. Persons liable for violation of the Anti-Hazing Law.

1. Principals
a. the officers and members of the fraternity, sorority or organization who actually participated in the
infliction of physical harm shall be liable as principals
b. The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually
planned the hazing although not present when the acts constituting the hazing were committed shall be
liable as principals.
c. A fraternity or sorority's adviser who is present when the acts constituting the hazing were committed and
failed to take action to prevent the same from occurring shall be liable as principal.
d. If the hazing is held in the home of one of the officers or members of the fraternity, group, or organization,
the parents shall be held liable as principals when they have actual knowledge of the hazing conducted
therein but failed to take any action to prevent the same from occurring.

2. Accomplice
a. The owner of the place where hazing is conducted shall be liable as an accomplice, when he has actual
knowledge of the hazing conducted therein but failed to take any action to prevent the same from
occurring.
b. The school authorities including faculty members who consent to the hazing or who have actual
knowledge thereof, but failed to take any action to prevent the same from occurring shall be punished
as accomplices for the acts of hazing committed by the perpetrators.

14. What qualifies the offense of hazing?

If death, rape, sodomy or mutilation results from the hazing, there principals are liable for reclusion
perpetua.

15. Attempt to commit child prostitution under Section 6 of RA 7610.

Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution under
Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the
said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar
establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead
a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse.

There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person
is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar
establishments. A penalty lower by two (2) degrees than that prescribed for the consummated felony under
Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution
under this Act, or, in the proper case, under the Revised Penal Code.

16. Anti-torture law.

a) "Torture" refers to an act by which severe pain or suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining from him/her or a third person information or a
confession; punishing him/her for an act he/she or a third person has committed or is suspected of
having committed; or intimidating or coercing him/her or a third person; or for any reason based on
discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the
consent or acquiescence of a person in authority or agent of a person in authority. It does not include
pain or Buffering arising only from, inherent in or incidental to lawful sanctions.

17. Crimes Against Property.

Chapter One
ROBBERY IN GENERAL
Article 293. robbery

Section One. - Robbery with violence or intimidation of persons.

Article 294. Robbery with violence against or intimidation of persons
 Article 295. Robbery with physical injuries, committed in an uninhabited place and by a band, or with the use
of firearm on a street, road or alley.
Article 296. robbery by band
Article 297. Attempted and frustrated robbery committed under certain circumstances.
Article 298. Execution of deeds by means of violence or intimidation.

Section Two. - Robbery by the use of force upon things

Article 299. Robbery in an inhabited house or public building or edifice devoted to worship.
Article 300. Robbery in an uninhabited place and by a band.
Article 302. Robbery is an uninhabited place or in a private building.
Article 303. Robbery of cereals, fruits, or firewood in an uninhabited place or private building.
Article 304. Possession of picklocks or similar tools.

Chapter Two BRIGANDAGE

Article 306. Brigandage
Article 307. Aiding and abetting a band of brigands.

Chapter Three THEFT

Article 308. Theft
Article 310. Qualified theft.
Article 311. Theft of the property of the National Library and National Museum.

Chapter Four USURPATION

Article 312. Occupation of real property or usurpation of real rights in property.
Article 313. Altering boundaries or landmarks.

Chapter Five CULPABLE INSOLVENCY

Article 314. Fraudulent insolvency.

Chapter Six SWINDLING AND OTHER DECEITS

Article 315. Swindling (estafa).
Article 316. Other forms of swindling.
Article 317. Swindling a minor.
Article 318. Other deceits.

Chapter Seven CHATTEL MORTGAGE

Article 319. Removal, sale or pledge of mortgaged property.

Chapter Eight ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS

Article 320. Destructive arson.
Article 321. Other forms of arson.
Article 322. Cases of arson not included in the preceding articles.
Article 323. Arson of property of small value.
Article 324. Crimes involving destruction.
Article 325. Burning one's own property as means to commit arson.
Article 326. Setting fire to property exclusively owned by the offender.

Chapter Nine MALICIOUS MISCHIEF

Article 328. Special cases of malicious mischief.
Article 329. Other mischiefs.
Article 330. Damage and obstruction to means of communication.
Article 331. Destroying or damaging statues, public monuments or paintings.

18. Ways of committing the crime of estafa.

Article 315. Swindling (estafa). - Any person who shall defraud another by any of the means

1. With unfaithfulness or abuse of confidence, namely:

(a) By altering the substance, quantity, or quality or anything of value which the offender shall deliver by virtue
of an obligation to do so, even though such obligation be based on an immoral or illegal consideration.

(b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal
property received by the offender in trust or on commission, or for administration, or under any other obligation
involving the duty to make delivery of or to return the same, even though such obligation be totally or partially
guaranteed by a bond; or by denying having received such money, goods, or other property.

(c) By taking undue advantage of the signature of the offended party in blank, and by writing any document
above such signature in blank, to the prejudice of the offended party or of any third person.

2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with
the commission of the fraud:

(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit,
agency, business or imaginary transactions, or by means of other similar deceits.

(b) By altering the quality, fineness or weight of anything pertaining to his art or business.

(c) By pretending to have bribed any Government employee, without prejudice to the action for calumny
which the offended party may deem proper to bring against the offender. In this case, the offender shall be
punished by the maximum period of the penalty.

(d) By post-dating a check, or issuing a check in payment of an obligation when the offender therein were not
sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount
necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or
holder that said check has been dishonored for lack of insufficiency of funds shall be prima facie evidence of
deceit constituting false pretense or fraudulent act. (As amended by R.A. 4885, approved June 17, 1967.)

3. Through any of the following fraudulent means:

(a) By inducing another, by means of deceit, to sign any document.

(b) By resorting to some fraudulent practice to insure success in a gambling game.

(c) By removing, concealing or destroying, in whole or in part, any court record, office files, document or any
other papers.

Article 316. Other forms of swindling. - The penalty of arresto mayor in its minimum and medium period and a
fine of not less than the value of the damage caused and not more than three times such value, shall be
imposed upon:

1. Any person who, pretending to be owner of any real property, shall convey, sell, encumber or mortgage the
same.

2. Any person, who, knowing that real property is encumbered, shall dispose of the same, although such
encumbrance be not recorded.

3. The owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of
the latter or any third person.

4. Any person who, to the prejudice of another, shall execute any fictitious contract.

5. Any person who shall accept any compensation given him under the belief that it was in payment of
services rendered or labor performed by him, when in fact he did not actually perform such services or labor.
6. Any person who, while being a surety in a bond given in a criminal or civil action, without express authority
from the court or before the cancellation of his bond or before being relieved from the obligation contracted
by him, shall sell, mortgage, or, in any other manner, encumber the real property or properties with which he
guaranteed the fulfillment of such obligation.

19. Anti-Photo and Video Voyeurism Act.

d) "Photo or video voyeurism" means the act of taking photo or video coverage of a person or group of
persons performing sexual act or any similar activity or of capturing an image of the private area of a
person or persons without the latter's consent, under circumstances in which such person/s has/have a
reasonable expectation of privacy, or the act of selling, copying, reproducing, broadcasting, sharing,
showing or exhibiting the photo or video coverage or recordings of such sexual act or similar activity
through VCD/DVD, internet, cellular phones and similar means or device without the written consent of
the person/s involved, notwithstanding that consent to record or take photo or video coverage of same
was given by such person's.

20. Rules on Adultery and Concubinage.

21. Birth certificate simulation under the RPC and Anti-Trafficking Act.

Simulation of birth is committed by any person who shall simulate birth for another. (art. 347, RPC)
Simulation of birth is the tampering of the civil registry making it appear in the birth records that a certain
child was born to a person who is not his/her biological mother, causing such child to lose his or her true
identity or status.

RA 9208 Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or
facilitate trafficking in persons, shall be unlawful:

(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates,
registration stickers and certificates of any government agency which issues these certificates and
stickers as proof of compliance with government regulatory and pre-departure requirements for the
purpose of promoting trafficking in persons;

22. Elements and rules in libel.

Article 353. Definition of libel. - A libel is public and malicious imputation of a crime, or of a vice or defect,
real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor,
discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

Elements:

1. The writing or the utterrance must be defamatory

2. It must be malicious
3. It must be given publicity; and
4. The victim must be identifiable.