UNIVERSITY OF THE EAST

COLLEGE OF LAW

CRIMINAL LAW 1

COURSE SYLLABUS
1st Semester, A.Y. 2023-2024

RYAN HARTZELL C. BALISACAN

Associate Professorial Lecturer 2

Course Description

This is an introductory course on criminal law, aiming to provide the

students with basic knowledge on the laws and jurisprudence that underpin the
criminal justice system. As a foundation course, Criminal Law 1 is envisioned to
provide the theoretical framework through which first year law students can better
appreciate the moorings of the laws that define, qualify and penalize crimes. This
course will center on Book 1 of the Revised Penal Code (with some references to
Special Penal Laws, when necessary), and tackle basic questions such as: What is a
crime? What constitutes criminal liability? Who are liable for crimes, and to what extent?
What factors modify, qualify or extinguish criminal liability? How are crimes penalized?
The course will cover, as a minimum, all topics included in the latest Supreme Court
Bar Exam Syllabus on Criminal Law 1.

Course Objectives

The primary objective of the course is to introduce the student to the basic
concepts, theories, foundations and frameworks of criminal law. However, the
student is expected to not only gain a mastery of the theoretical material comprising
the substantive foundations of criminal law, but also to acquire the practical skills
necessary to conduct a nuanced analysis of criminal cases from the standpoint of
law. More than mastery of the legal text, the students are expected to acquire and
hone analytical faculties that will help them approach practical crime scenarios with
an eye on aspects thereof that legal practitioners ordinarily deal with. As a
minimum, students are expected to finish this course with the core competencies
and knowledge set necessary to sit the Criminal Law Bar Exam.

Course Methodology

The course will be delivered on-site, with an option to revert to

videoconferencing only when extraordinary circumstances require and when duly
authorized. At all events, all classes, whether on-site or online, will be conducted
using the Socratic Method. This will enhance the ability of students to argue and

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reason extemporaneously, preparing them for actual field and courtroom scenarios
where criminal law plays out in practice. The case method will also be used
extensively to enable the students to distill criminal laws and doctrine from the
lenses of actual cases decided by the Supreme Court. To prepare for the Bar Exam,
all tests in this course shall hew closely to the digitalized structure of that exam.
Examinations will be administered and proctored on-site using the Canvas Quiz
functionality or ExamSoft software, whichever is available.

Course Requirements

Component Weight Basis Rubric

Class 30% of (a) Average of all 1. Each individual

Participation the recitation recitation will be graded
Total grades for the on a scale of 70 (poor) to
Raw semester 100 (excellent).
Score
(b) Attendance 2. All recitation grades will
be averaged at the end of
the semester. The
resulting value is the
Recitation Raw Score.

3. Each marked absence is

equivalent to one grade
point deduction from the
Recitation Raw Score.

4. The resulting value of the

Recitation Raw Score,
taking into account the
deductions due to
absences, if any, is the
Class Participation Raw
Score. (E.g.: a student
with a Recitation Raw
Score of 88, with two
absences during the
semester, will earn a
Class Participation Raw
Score of 86.)

Midterm 30% of Midterm Examination 1. The Midterm

Examination the Examination will cover

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 Total all topics discussed in
Raw class from the start of the
Score semester to the last class
session immediately
preceding the Midterm
Examination. It will be
problem/ scenario-based
and will be answered in
essay form. The Midterm
Examination shall be
administered within the
schedule fixed by the
College administration;
there will be no
negotiations to move the
examination outside of
the prescribed schedule.

2. The Lecturer will grade

and return all Midterm
Examinations no later
than one (1) week after
the same was
administered. Answers
will be explained during
the class session so that
the students will be
properly guided.

3. The Midterm
Examination will be
scored on a scale of 0 to
100, the same to be
considered as the
Midterm Examination Raw
Score.

Final 40% of Final Examination 1. The Final Examination

Examination the will cover topics
Total discussed post-Midterms.
Raw It will be problem/
Score scenario-based and will
be answered in essay
form. The Final
Examination shall be

3
 administered within the
schedule fixed by the
College administration;
there will be no
negotiations to move the
examination outside of
the prescribed schedule.

2. The Final Examination

will be graded on a scale
of 0 to 100. The resulting
value is the Final
Examination Raw Score.

At the end of the semester, the Class Participation Raw Score, Midterm Examination
Raw Score, and Final Examination Raw Score will be added to form the Total Raw Score.
The Total Raw Score will be rounded to the nearest whole number to form the Final
Score. The Final Score will be transmuted using the official Grading System
conversion table of the College (with 1.0 being the highest grade, 3.00 the minimum
passing grade, and 5.00 the failing mark). The transmuted Final Score will be the
student’s Final Grade. The Final Grade will be reflected in the Grade Sheet and
Transcript of the students. Note that no transmutation of grades will happen until
the very end of the semester, when all grade components are already in.

Class Policies

1. All official announcements will be posted personally by the lecturer on

Canvas, or coursed through the Class Beadle. Either mode of communication
is deemed sufficient notice to the entire class. It is the students’ responsibility
to keep themselves informed of all official announcements in a timely
manner. It is advisable to fix the Canvas settings so that announcements will
also be delivered in real time to one’s e-mail; and it is also advisable to check
one’s e-mail regularly.

2. Attendance will always be checked. The roll will be called within the first five
to seven minutes of the start of the class. As a form of professional courtesy,
sending an e-mail to the lecturer to state the reason for one’s absence is
expected; but all absences shall be marked, whether there are reasons for
them or not.

3. Excessive absences (per University Rules) shall result in the student being
dropped from the class roll. It is the students’ responsibility to keep track of
their own attendance record. As indicated above (in the “Course

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 Requirements”), each absence shall be equivalent to one grade point deduction
from the Class Participation Raw Score. However, no student shall fail the
course by reason solely of deductions due to absences (i.e., any or all absences
will be disregarded if doing so will result in the student getting a passing
grade for the course).

4. Classes, whether on-site or online, shall not be recorded in any medium or

format unless the lecturer and the class expressly authorized the recording.
There will be no recordings of class sessions that will be made available to
anyone, including those who were absent. Sharing notes with those who were
absent is expected, as part of the cooperative (not competitive) learning
environment that we seek to foster in the College.

5. All students are expected to have read and fully understood all assigned texts
and cases for every class session. Students bear the risk of relying on
“reviewers” instead of the assigned materials themselves. Recitations will be
called at random. There is no minimum or maximum number of recitations
per class session per student.

6. A student shall speak only when called or spoken to. No one is allowed to
interfere when someone is reciting. Raising hands to be called upon while
another student is reciting is not acceptable practice. If the lecturer wants to
hear from other students, he shall say so; until then, every student called
upon to recite must be given every reasonable opportunity to give his or her
best recitation, without other members of the class unduly interfering.

7. The Socratic Method has a personal and a collective aspect. It is personal

since it is primarily a dialogue between the interrogator and the interrogee;
but it is not only between them. The entire class, as a collective, should follow
the discussion, so they can weigh in when needed. Indeed, it is not
uncommon for the lecturer to call upon other members of the class to
comment on the answers of those reciting, to spark discussions in agreement
or in dissent. This is part of the learning process that is unique to law schools.

8. Grades are final and unappealable. No “make-up” examinations or quizzes

will be given for any reason, in the same way that the Supreme Court has
never given, and will never give, “make-up” Bar Examinations to those who
missed them. This policy can only be overridden by contrary rules from the
College administration, which shall take precedence.

9. All forms of dishonesty shall be dealt with most severely. The lecturer
reserves the right to apply the full force of the College’s rules against
dishonesty, without prejudice to criminal prosecution and disciplinary
actions to be lodged with the Office of the Bar Confidant and/or the
Integrated Bar of the Philippines. Dishonesty includes consulting “magic

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 notes” (or whatever name they are now called) from upper class students
who were previously taught by the lecturer; or copies of past exams (“sample
exams” or whatever name they are now called) given by the lecturer which,
under the rules, are not to be retained or copied by anyone in the first place.

Course Materials

- REVISED PENAL CODE, BOOK ONE (Articles 1-113) [RPC hereinafter]

(N.B. Be sure to always have a copy of the latest and most up-to-date version of
the RPC. It is not required to buy a “codal.”)

- THE REVISED PENAL CODE, BOOK ONE (Annotated), 20th ed. 2021, Luis B.
Reyes [REYES hereinafter]

- Laws, cases and other materials, as assigned

Course Syllabus

I. FOUNDATIONS OF CRIMINAL LAW

a. Definition

- REYES, p. 1.

b. Philosophy

i. Theories of Criminal Law

- REYES, pp. 31-32.

ii. Theories of Legal Punishment

- Zachary Hoskins, The Moral Permissibility of Punishment, Internet

Encyclopedia of Philosophy. Available at:
http://www.iep.utm.edu/m-p-puni/

iii. Practical Scope and Limits of Criminal Law

- Gene Weingarten, Fatal Distraction: Forgetting a Child in the Backseat

of a Car is a Horrifying Mistake. Is it a Crime?, The Washington Post
(March 8, 2009). Available at:

6
 http://www.washingtonpost.com/wp-
dyn/content/article/2009/02/27/AR2009022701549.html

- David Eagleman, The Brain on Trial, The Atlantic (July/August

2011). Available at
http://www.theatlantic.com/magazine/archive/2011/07/the-
brain-on-trial/308520/?single_page=true

- David Gran, Trial by Fire: Did Texas Execute an Innocent Man?, The
New Yorker (September 7, 2009). Available at
http://www.newyorker.com/reporting/2009/09/07/090907fa_fac
t_grann?currentPage=all

c. Foundational Principles of Criminal Law

i. Generality

- REYES, pp. 8-19.

- Vienna Convention on Diplomatic Relations, particularly Arts. 9,

13, 22, 29, 31, 32, 37, 39, and 41.
- Press Summary on the United Kingdom Supreme Court’s Judgment
on Appeal in Basfar v. Wong (2022). Available at:
https://www.supremecourt.uk/press-summary/uksc-2020-
0155.html

ii. Territoriality

- RPC, Art. 2.
- REYES, pp. 19-20; 32-40.

- AAA v. BBB, G.R. No. 212448, 11 January 2018.

- Evangelista v. People, G.R. No. 163267, 05 May 2010.
- People v. Lol-lo, G.R. No. L-17958, 27 February 1922.

iii. Legality

- REYES, pp. 94-101.

- RPC, Art. 5.

- Laurel v. Abrogar, G.R. No. 155076, 27 February 2006

- Laurel v. Abrogar (Resolution of the Motion for Reconsideration),
G.R. No. 155076, 13 January 2009.
- De Leon v. Luis, G.R. No. 226236, 06 July 2021.
- Causing v. COMELEC, G.R. No. 199139, 09 September 2014.
- United States v. Taylor, G.R. No. 9726, 08 December 1914.

7
 - Corpuz v. People, G.R. No. 180016, 29 April 2014; read together with:
Republic Act No. 10951.

iv. Pro Reo Principle

- REYES, pp. 27-28.

- Centeno v. Villalon-Pornillos, G.R. No. 113092, 01 September 1994.

- People v. Casabuena, G.R. No. 246580, 23 June 2020; read together with:
Dissenting Opinion of Justice Caguioa.

v. Prospectivity

- RPC, Arts. 21-22.

- REYES, pp. 14-18; 601-610.

- Gumabon v. Director of Prisons, G.R. No. L-30026, 30 January 1971.

- Hernan v. Sandiganbayan, G.R. No. 217874, 05 December 2017.
- Inmates of the New Bilibid Prison v. De Lima, G.R. No. 212719, 25 June
2019.
- In re: Reyes and Evangelista, G.R. No. 251954, 10 June 2020.

d. Criminal Law in the Larger Legal System

i. The Public and Private Dimensions of Criminal Law

- REYES, p. 2
- RPC, Art. 23; Art. 36; Art. 344
- Rule 110, Section 5, Rules on Criminal Procedure, Rules of Court

- People v. Patriarca, G.R. No. 135457, 29 Septemeber 2000.

ii. The Revised Penal Code vis-à-vis Special Penal Laws

- RPC, Art. 10.

- REYES, pp. 145-155

iii. Criminal Law vis-à-vis other Bodies of Laws

- REYES, pp. 2-8.

- Del Socorro v. Van Wilsem, G.R. No. 193707, 10 December 2014.

- Pulido v. People, G.R. No. 220149, 27 July 2021.
- White Light Corporation v. City of Manila, G.R. No. 122846, 20 January
2009.

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II. CRIMINAL LIABILITY

a. Elements of a Felony

- REYES, pp. 41-44.

b. Intentional and Culpable Felonies

- RPC, Art. 3.
- REYES, pp. 44-52.

c. Malum in se and Malum Prohibitum; Intent and Motive

- REYES, pp. 57-68.

- Cadajas v. People, G.R. No. 247348, 16 November 2021.

- Luna v. People, G.R. No. 231902, 30 June 2021.

d. Special Cases

i. Mistake of Fact

- REYES, pp. 52-57.

- United States v. Peñalosa, G.R. No. 424, 27 January 1902.

- Villarosa v. People, G.R. Nos. 233155-63, 23 June 2020.

ii. Unintended Felonies, or Cases Involving “Transferred Intent”

- RPC, Art. 4 (1); Art. 49.

- REYES, pp. 68-88.

- People v. Guillen, G.R. No. L-1477, 18 January 1950.

- People v. Albuquerque, G.R. No. 38773, 19 December 1933.
- Vda. De Bataclan v. Medina, G.R. No. L-10126, 22 October 1957.
- Quinto v. Andres, G.R. No. 155791, 16 March 2005.
- People v. Mananquil, G.R. No. L-35574, 28 September 1984.

iii. “Impossible Crimes”

- RPC, Art. 4 (2); Art. 59.

- REYES, pp. 88-94.

- Jacinto v. People, G.R. No. 162540, 13 July 2009.

- Intod v. CA, G.R. No. 103119, 21 October 1992.
- People v. Callao, G.R. No. 228945, 14 March 2018.
- People v. Balmores, G.R. No. L-1896, 16 February 1950.

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 iv. Conspiracy and Proposal as Crimes

- RPC, Art. 8.
- REYES, pp. 133-142.

v. Cases Involving Plurality of Crimes (Material Plurality; Ideal

Plurality/Complex Crimes; “Single Criminal Impulse”
Doctrine; Continued Crimes or Delito Continuado)

- RPC, Art. 48.

- REYES, pp. 672-702.

- Gumabon v. Director of Prisons, G.R. No. L-30026, 30 January 1971.

- People v. Vargas, G.R. No. 86728, 06 April 1990.
- Fernan v. People, G.R. No. 145927, 24 August 2007.
- Santiago v. Garchitorena, G.R. No. 109266, 02 December 1993.
- Ilagan v. Court of Appeals, G.R. No. 110617, 29 December 1994.
- Navaja v. De Castro, G.R. No. 180969, 11 September 2017.
- People v. Nelmida, G.R. No. 184500, 11 September 2012.

e. Stages of Execution of Felonies

- RPC, Art. 6.
- REYES, pp. 101-131.

- People v. Gajetas, G.R. No. L-38325, 24 February 1981.

- Rait v. People, G.R. No. 180425, 31 July 2008.
- Cruz v. People, G.R. No. 166441, 08 October 2014.

f. Persons Criminally Liable

- REYES, pp. 506-510.

i. Principals by conspiracy; principals by direct participation;

principals by induction; principals by indispensable
cooperation

- RPC, Art. 17.

- REYES, pp. 510-557.

- People v. Pilpa, G.R. No. 225336, 05 September 2018.

- People v. Montanir, G.R. No. 187534, 04 April 2011.
- People v. Regular, G.R. No. L-38674, 30 September 1981.
- People v. Punzalan, G.R. No. 78853, 08 November 1991.
- Arias v. Sandiganbayan, G.R. No. 81563 19 December 1989.
- Macapagal-Arroyo v. People, G.R. No. 220598, 19 July 2016.

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 ii. Accomplices

- RPC, Art. 18.

- REYES, pp. 557-578.

- People v. Tampus, G.R. No. 181084, 16 June 2009.

- People v. Gambao, G.R. No. 172707, 01 October 2013.

iii. Accessories

- RPC, Art. 19; Art. 20

- REYES, pp. 578-596.

g. Circumstances Affecting Criminal Liability

i. Justifying Circumstances

o Self-Defense

- RPC, Art. 11 (1).

- REYES, pp. 157-206.

- People v. Advincula, G.R. No. 218108, 11 April 2018.

- People v. Artuz, G.R. No. L-23386, 26 May 1976.
- Nacnac v. People, G.R. No. 191913, 21 March 2012.
- Cano v. People, G.R. No. 155258, 07 October 2003.
- People v. Genosa, G.R. No. 135981, 15 January 2004; read together with
Republic Act No. 9262 (Anti-Violence Against Women and their
Children Act).

o Defense of Relatives

- RPC, Art. 11 (2).

- REYES, pp. 206-212.

o Defense of Strangers

- RPC, Art. 11 (3).

- REYES, pp. 212-214.

o Avoidance of Greater Evil

- RPC, Art. 11 (4); Art. 101 (2).

- REYES, pp. 214-217.

- Ty v. People, G.R. No. 149275, 27 September 2004.

11
- Carolyn Y. Johnson, Self-driving cars will have to decide who should live
and who should die. Here’s who humans would kill, Washington Post
(October 24, 2018). Available at
https://www.washingtonpost.com/science/2018/10/24/self-
driving-cars-will-have-decide-who-should-live-who-should-die-
heres-who-humans-would-
kill/?noredirect=on&utm_term=.7a7ff5ec3885
- Summary of the United Kingdom High Court of Justice’s Judgment
in Regina v. Dudley and Stephens (1884). Available at:
https://cyber.harvard.edu/eon/ei/elabs/majesty/stephens.html

o Fulfillment of Duty or Lawful Exercise of Right or Office

- RPC, Art. 11 (5).

- REYES, pp. 217-225.

- Yapyuco v. Sandiganbayan, G.R. Nos. 120744-46, 25 June 2012.

- Angcaco v. People, G.R. No. 146664, 28 February 2002.
- Aguilar v. DOJ, G.R. No. 197522, 11 September 2013.

o Obedience to a Lawful Order

- RPC, Art. 11 (6).

- REYES, pp. 225-226.

- Tabuena v. Sandiganbayan, G.R. Nos. 103501-03 and 103507, 17

February 1997.

ii. Exempting Circumstances

- RPC, Art. 101.

- REYES, p. 227-228.

o Imbecility or Insanity

- RPC, Art. 12 (1).

- REYES, pp. 229-237.

- People v. Roa, G.R. No. 225599, 22 March 2017.

- People v. Opuran, G.R. Nos. 147674-75, 17 March 2004.
- People v. Estrada, G.R. No. 130487, 19 June 2000.
- People v. Madarang, G.R. No. 132319, 12 May 2000.
- People v. Haloc, G.R. No. 227312, 05 September 2018.
- People v. Paña, G.R. No. 214444, 17 November 2020.

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 o Minority (Absolute and Qualified Exemption)

- RPC, Art. 12 (2) and (3); cf. Art. 68.

- REYES, pp. 237-242.
- Republic Act No. 9344 (Juvenile Justice and Welfare Act), as
amended by Republic Act No. 10630.
- Implementing Rules and Regulations of R.A. No. 9344.
- 2019 Supreme Court Revised Rule on Children in Conflict with the
Law.

o Accident

- RPC, Art. 12 (4); cf. Art. 67.

- REYES, pp. 242-247.

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

o Irresistible Force

- RPC, Art. 12 (5).

- REYES, pp. 247-249.

o Uncontrollable Fear

- RPC, Art. 12 (6).

- REYES, pp. 249-253.

o Insuperable Cause

- RPC, Art. 12 (7).

- REYES, pp. 253-255.

iii. Mitigating Circumstances

- REYES, pp. 263-266.

o Incomplete Justifying or Exempting Circumstance

- RPC, Art. 13 (1); cf. Art. 69.

- REYES, pp. 267-276.

o Age

- RPC, Art. 13 (2); cf. Art. 68; cf. R.A. No. 9344.
- REYES, pp. 276-280.

13
 o Praeter Intentionem

- RPC, Art. 13 (3).

- REYES, pp. 280-288.

o Sufficient Provocation

- RPC, Art. 13 (4).

- REYES, pp. 288-294.

o Immediate Vindication of a Grave Offense

- RPC, Art. 13 (5).

- REYES, pp. 294-300.

- People v. Ignas, G.R. Nos. 140514-15, 30 September 2003.

- Pelonia v. People, G.R. No. 168997, 13 April 2007.

o Passion or Obfuscation

- RPC, Art. 13 (6).

- REYES, pp. 300-314.

- AAA v. People, G.R. No. 229762, 28 November 2018.

- People v. Sabalberino, G.R. No. 241088, 03 June 2019.

o Voluntary Surrender or Confession of Guilt

- RPC, Art. 13 (7).

- REYES, pp. 314-335.

- People v. Manzano, G.R. No. 217974, 05 March 2018.

- People v. Tabarnero, G.R. No. 168169, 24 February 2010.
- People v. Del Castillo, G.R. No. 169084, 18 January 2012.

o Physical Defect

- RPC, Art. 13 (8).

- REYES, pp. 335-336.

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

o Illness

- RPC, Art. 13 (9).

- REYES, pp. 337-339.

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- People v. Javier, G.R. No. 130654, 28 July 1999.

o Analogous Circumstances

- RPC, Art. 13 (10).

- REYES, pp. 339-344.
- RPC, Art. 309.

- Kimpo v. Sandiganbayan, G.R. No. 95604, 29 April 1994.

- Canta v. People, G.R. No. 140937, 28 February 2001.
- People v. Antonio, G.R. No. 144933, 03 July 2002.

iv. Aggravating Circumstances

- REYES, pp. 345-349.

o Taking advantage of public position

- RPC, Art. 14 (1); cf. Art. 62 (1).

- REYES, pp. 350-357.

o With contempt to public authorities

- RPC, Art. 14 (2).

- REYES, pp. 357-360.

o With insult to the offended party; Dwelling

- RPC, Art. 14 (3).

- REYES, pp. 360-374.

- People v. Sibbu, G.R. No. 214757, 29 March 2017.

- Mari v. Court of Appeals, G.R. No. 127694, 31 May 2000.
- People v. Dela Torre, G.R. No. 98431, 15 January 2002.
- People v. Rafael, G.R. Nos. 146235-36, 29 May 2002.
- People v. Almoguerra, G.R. No. 121177, 12 November 2003.

o With abuse of confidence or obvious ungratefulness

- RPC, Art. 14 (4).

- REYES, pp. 375-378.

o In the palace of the Chief Executive; in the presence of the

Chief Executive; in a place where public authorities
discharge their duties; in a place dedicated to religious
worship

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- RPC, Art. 14 (5).
- REYES, pp. 378-380.

o Nocturnity; Uninhabited place or Despoblado; Band or

Cuadrilla

- RPC, Art. 14 (6).

- REYES, pp. 381-392.

- People v. Calinawan, G.R. No. 226145, 13 February 2017.

- People v. Clariño, G.R. No. 134634, 31 July 2001.
- People v. Demate, G.R. No. 132310, 20 January 2004.
- People v. Caloza, G.R. No. 138404, 28 January 2003.
- People v. Silva, G.R. No. 140871, 08 August 2002.

o On the occasion of a calamity or misfortune

- RPC, Art. 14 (7).

- REYES, pp. 392-393.

o With the aid of armed persons

- RPC, Art. 14 (8).

- REYES, pp. 393-395.

o Recidivism or Reincidencia, and Habituality or Reiteracion; as

well as the two other forms of repetition in criminal law:
Habitual Delinquency, and Quasi-Recidivism

- RPC, Art. 14 (9); Art. 14 (10); Art. 62 (5); Art. 160.

- REYES, pp. 395-402.

o In consideration of a prize, money or reward

- RPC, Art. 14 (11).

- REYES, pp. 402-404.

o Wasteful or ruinous means

- RPC, Art. 14 (12).

- REYES, pp. 402-407.

o Evident Premeditation

- RPC, Art. 14 (13).

- REYES, pp. 407-421.

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- People v. Libre, G.R. No. 192790, 01 August 2016.
- People v. Catian, G.R. No. 139693, 24 January 2002.
- People v. Belga, G.R. Nos. 94376-77, 11 July 1996.

o Craft, Fraud or Disguise

- RPC, Art. 14 (14).

- REYES, pp. 421-427.

- People v. Empacis, G.R. No. 95756, 14 May 1993.

o Taking advantage of superior strength

- RPC, Art. 14 (15).

- REYES, pp. 427-437.

o Treachery or Alevosia

- RPC, Art. 14 (16).

- REYES, pp. 437-473.

- People v. Abina, G.R. No. 220146, 18 April 2018.

- People v. Arizobal, G.R. No. 135051-52, 14 December 2000.
- People v. Escote, G.R. No. 140756, 04 April 2003.

o Ignominy

- RPC, Art. 14 (17).

- REYES, pp. 473-476.

- People v. Cortezano, G.R. No. 123140, 23 September 2003.

- People v. Fuertes, G.R. No. 95891-92, 28 February 2000.
- People v. Siao, G.R. No. 126021, 03 March 2000.
- People v. Lozano, G.R No. 125080, 25 September 1998.

o Unlawful entry

- RPC, Art. 14 (18).

- REYES, pp. 477-478.

o Breaking and entering

- RPC, Art. 14 (19).

- REYES, pp. 478-480.

o With the aid of 15-year-olds; By means of motor vehicles

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 - RPC, Art. 14 (20).
- REYES, pp. 480-484.

- People v. Lozada, G.R. No. 141121, 17 July 2003.

- People v. Fortich, G.R. Nos. 80399-404, 13 November 1997.
- People v. Salahuddin, G.R. No. 206291, 18 January 2016.

o Cruelty

- RPC, Art. 14 (21).

- REYES, pp. 484-489.

- People v. Ibañez, G.R. Nos. 133923-24, 30 July 2003.

v. Alternative Circumstances

- RPC, Art. 15.

- REYES, pp. 489-505.

vi. Qualifying and “Special” Aggravating Circumstances

vii. Complete Defenses and Absolutory Causes

- REYES, pp. 255-263.

- People v. Bartolome, G.R. No. 191726, 06 February 2013.
- People v. Casio, G.R. No. 211465, 03 December 2014.

III. PENALTIES

Note: In Part III (Penalties), the primary focus of the discussions will be on the
codal provisions and cases indicated below; but students are nonetheless strongly
encouraged to read the relevant commentaries of REYES for each article.

a. Principal and Accessory Penalties

i. Classification of Penalties and their Effects

o Typology of felonies based on imposable penalties

▪ RPC, Art. 9.

o Imposable felonies; duration and effects

▪ RPC, Arts. 25; 27; 30-33; 35; 37; and 87-88.

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 ▪ RPC, Art. 88-a; read together with: R.A. No. 11362, and
A.M. No. 20-06-14-SC (Guidelines in the Imposition of
Community Service as Penalty In Lieu of
Imprisonment).

▪ People v. Bon, G.R. No. 166401, 30 October 2006.

▪ People v. Sarcia, G.R. No. 169641, 10 September 2009.

o Accessory penalties

▪ RPC, Arts. 34; 40-45; and 73.

o Fines as penalty

▪ RPC, Arts. 26; 66; and 75.

b. Pre-Sentencing Measures; Preventive Detention; Commencement of

Service of Penalties

- RPC, Arts. 24; and 28-29.

c. Rendering an Indeterminate Sentence

- Act No. 4103 (Indeterminate Sentence Law).

- People vs. Nang Kay, G.R. No. L-3565, 20 April 1951.
- Batistis vs. People, G.R. No. 181571, 16 December 2009.

i. Graduating by Degrees

o General Rules for Graduating by Degrees

▪ RPC, Arts. 61 and 71

▪ RPC, Art. 63 (Indivisible penalties).
▪ Guinhawa vs. People, G.R. No. 162822, 25 August 2005.

o Graduating by Degrees on Account of the Stages of

Execution and Degree of Participation

▪ RPC, Arts. 46; 50-58; and 60.

o Graduating by Degrees on Account of Privileged Mitigating

Circumstances

▪ RPC, Arts. 67-69.

ii. Computing the Periods

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 o General Rules for Computing Periods on Account of
Aggravating Circumstances; Special Aggravating
Circumstances

▪ RPC, Art. 62.

o Computing Periods with regard to Modifying Circumstances

▪ RPC, Arts. 64-65; and 76-77.

d. Successive Service of Sentence; Material and Juridical Accumulation

- RPC, Art. 70.

e. Civil Liability Ex Delicto

i. Civil Liability; Coverage and Effects

- RPC, Arts. 38; 72; and 100-113.

ii. Subsidiary Penalty

- RPC, Art. 39

- People v. Alapan, G.R. No. 199527, 10 January 2018.

f. Execution of Sentence and Post-Sentencing Measures

i. Execution and Service of Penalties – General Rules

- RPC, Arts. 78-79; and 86

ii. Commutation of Sentence; Good Conduct Time Allowance

- RPC, Arts. 96-99.

- In re: Raymundo Reyes and Vincent B. Evangelista, G.R. No. 251954, 10

June 2020.
- Miguel v. Director of the Bureau of Prisons, UDK-15368, 15 September
2021.

iii. Parole and Probation

- Act No. 4103 (Indeterminate Sentence Law).

- Presidential Decree No. 968 (Probation Law).
- Republic Act No. 10707.

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 - In re: Rolando Elbanbuena y Marfil, G.R. No. 237721, 31 July 2018
- Colinares v. People, G.R. No. 182748, 13 December 2011. Read also:
Dissenting Opinion of Justice Peralta.
- Dimakuta v. People, G.R. No. 206513, 20 October 2015.

iv. Extinction of Criminal Liability

- RPC, Arts. 89; and 94-95

g. Prescription

i. Prescription of Crimes

- RPC, Arts. 90-91

- People v. Crisostomo, G.R. No. L-16945, 31 August 1962.

ii. Prescription of Penalties

- RPC, Arts. 92-93.

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