University of San Jose Recoletos

School of Law

Course Syllabus

Course Title : Criminal Law II

Semester : Second Semester
Department/Track: College of Law
Pre-requisite/s: Criminal Law 1

Professor : Prosecutor MARIA LUISA G. RATILLA

Course Description:
CRIMINAL LAW II (The Revised Penal Code Book II)

Objectives -

The purpose of this syllabus is to present a semi- conspectus of Criminal

Law II; to assist the students in their study of the subject by providing an outline
of the order of discussion throughout the semester.

Further, the students should know the provisions of the Revised Penal
Code Book I and Book II to have a good reflection of the historical legal
philosophy of our penal laws, and to have a good insight of the changes brought
about by jurisprudential development.

Finally, the students are expected to be able to have a comprehensive

view of the subject.

I. Methodology:

A. Lecture- recitation- the ability to think is emphasized among

students in order to develop their knowledge and comprehension of
the law.
B. Case Analysis- the students are taught to make analysis, synthesis
and evaluation of the law as they are applied to controversies or
cases.
C. Participatory class discussion and practical class exercises.

These modes of learning would encourage students’ activism in classroom

discussion. Practical class exercises would also test the highest level of
learning of law students.

II. Course Outline -

Major Exams: Three (3) Prelim, Midterm and Final

Quizzes & Recitation (Classroom participation will be conducted in the
course of discussion).

 February 3, 2023 (1st Meeting)

(Session I) Conduct of Orientation/ expectations; Discussion
on preliminary matters

 February 10, 2023 (2nd Meeting)

(Session 2) Crimes against National Security, Arts. 114-133
  February 17, 2023
(Session 3) Crimes against Public Order, Arts. 134-142

 February 24, 2023 Crimes against Public Order, Arts. 143-160

(Session 4)

March 3, 2023 Crimes against Public Interest, Arts. 161-189

(Session 5)
Note: Arts. 191-193, repealed by RA 6425, RA 7659 & RA 9165

 March 10, 2023 PRELIMINARY EXAMINATION

March 17, 2023 Crimes against Public Morals; Crimes by Public

Officers
(Session 6)

Note: Arts. 195-199 repealed by PD 1602 & RA 9287

Arts. 200-201; Art. 202 decriminalized
Arts. 203-245

March 24, 2023 Crimes against Persons Arts. 246-266-D

(Session 7)

*March 31, 2023 Crimes against Personal Liberty & Security

(Session 8)
Arts. 267-274
April 7, 2023 Good Friday (no class)

April 14, 2023 Arts. 275-292

(Session 9)

April 21, 2023 Recitation/Quiz/Review

April 28, 2023 MIDTERM EXAMINATION

May 5, 2023 Crimes against Property & Mock Bar Review

(Session 10)
Arts. 293-332

May 12, 2023 Crimes against Chastity, Arts. 333-346

(Session 11) Crimes against the Civil Status of Persons,
Arts. 347-352
Crimes against Honor, Arts. 353-364
Quasi-Offenses & Final Provisions, Art. 365-367

May 19, 2023 Quiz/Recitation/Recap/Review

(Session 12)

May 26, 2023 FINAL EXAMINATION

III. References and Materials

Session I Topical References

Revised Penal Code – Book I with Annotations
Revised Penal Code – Book II
 Selected Special Penal Laws
Revised Rules on Criminal Procedure
Supreme Court Reports Annotated (SCRA)
Selected Presidential Decrees (PDs)
Revised Penal Code (Codal Provisions)
Philippine Reports
Official Gazettes
Reading Assignment: Introductory Part of the Revised Penal Code
Books 1 & 2

1) Art. 114 - Executive Act No. 44, May 31, 2945

2) Art. 125 – E. O. 272; Pp. vs. Sali et al., CA 50 O.G. 5676
3) Art. 128 - U.S. vs. Vallejo 11Phils. 193
4) Art. 129 - as amended by RA 10951
5) Art. 134 - Buscayno vs. Military Commission Nos. 1, 2, 6 and
25, 109 SCRA 273
6) Art. 148 – Rivera vs. Pp., G.R. No. 138553 6/30/2005
7) Art. 161 - Section 19, Revised Administrative Code; Custody
and Use of the Great Seal shall be & remain in the custody of
the Philippines
8) Art. 163 – SC decided case dated 11/12/88
9) Art. 164 – Penalty amended by RA 10951
10) Art. 166 – Del Rosario vs. Pp., 113 Phils 626
Pp. vs. Valencia et al., 59 Phils 42
11) Art. 167 – Falsification of U.S. Treasury Warrants not payable
to bearer is punished under Art. 172 & not Art. 167, Pp. vs.
Loteyro, CA 50 O.G. 632
12) Art.168 – Pp. vs. Digoro, GR 227069 11/22/17; Pp. vs.
Barraquia, 76 Phil 490
13) Art. 171 - Lamsen vs. People, GR 227069 11/22/2017 Section
3, Rule 130, Rules of Court; Emas vs. De Zuzuarregi, et al., 53
Phil 197; Enemecio vs. Ombudsman, GR 146731, 1/13/2004;
Pp vs. Go Tiok To, 96 Phil 917; Pp. vs. Reodica & Cordero, 62
Phil 567; Pp. vs. Romualdez, et al., 57 Phil 151
14)Art. 172 – Pp. vs. Manansala, 105 Phil 1053
Pp. vs Go, GR 191015, 8/6/2014; Goma vs. CA GR 168437,
1/8/2009
15) Art 178 – U.S. vs To Lee Piu, 35 Phil 4
16) Art. 183 – Pp. vs Bautista, CA, 40 O.G. 2491; Pp. vs. Cruz, 108
Phil. 255; U.S. vs Jurado, 31 Phil 491; Saavedra vs DOJ, GR
93173, 9/15/93; U.S. vs Capistrano, 40 Phil 902; Pp. vs
Cabero, 61 Phi 121
17) Art. 189 – repealed by RA 8293 (Intellectual Property Code),
effective January 1, 1998
CA GR 100092 12/29/1995, 251 SCRA 600; Asia Brewery Inc.,
vs. CA & San Miguel Corporation; GR 103543 7/5/93

18) Art. 190 – 194 Repealed by RA 6425

19) Art 195 – 199 Repealed by PD 449, 483 & 1602, as amended
20) Art. 201 – Fernando vs CA GR 169751 12/6/2006; Section 7,
RA 9995
21) Art. 202 – RA 10158 decriminalized Vagrancy
22) Art. 203 – Maniego vs Pp., 88 Phil 494
23)Art. 204 – U.S. vs Gacutan, 28 Phil 128
24)Art. 210 – Merencillo vs. Pp GR 142369-70 4/13/2007; Pozar
vs. CA 132 SCRA 729; Pp. vs. Sandiganbayan GR 188165
12/11/2013
 25)Art. 211-A (See RA 7659)
26)Art. 212 – Pp vs. Vinzol, CA 47 O.G. 294
27)Art. 217 -- Panganiban vs PP, GR 211543, 12/9/2015
28)Art. 220 – Abdulla vs. PP., GR No. 150129, 4/6/2005
29)Art. 235 – See RA 9745 (Anti-Torture Act of 2009)
30)Art. 245 – U.S. vs. Morelos, 29 Phil. 572
31)Art. 246 – PP vs. Florendo, GR 13645, 10/8/2003
32)Art. 248 – PP. Agacer, GR 177751, 12/14/2011
33)Art. 249 – If victim of Homicide is under 12 years of age, penalty
is Reclusion Perpetua (Sec. 10, RA 7610)
34)Art. 255 – PP vs. Jaca & Rosalan, 55 Phil. 952
35)Art. 266-B – PP vs. Pareja, GR. 202122 11/15/2014
PP vs. Ortoa, GR. 174484, 2/23/2009
PP vs. Bunagan GR 177161, 6/30/2008’
PP vs. Caapuhan GR 129433, 3/30/2000
36)Art. 266-B – PP vs.Laog, GR 178321, 10/5/2011
37)Art 267 – PP vs. Kamad Akiran, et. al., 18 SCRA 239
38)Art 286 – Timoner vs PP., 125 SCRA 830
PP. vs. Avanceña, GR 200512, 6/7/2017
39)Art. 294 – PP vs. Madrid, 88 Phil 2
PP vs. Villa, 93 SCRA 716
PP vs. Luncay, 49 Phil 464
PP vs. Manzanilla, et. al., 43 Phil. 167 (Robbery with
unnecessary Violence)
PP vs. Concepcion, GR 200922 7/18/2012
40) Art. 308 – Medina vs. PP, GR 182648 6/17/2005 (no crime of
Frustrated Theft)
41) Art 310 – Cariaga v. CA, GR 143561, 6/6/2001
42) Art. 315 – Guzman v. CA, 99 Phil. 703
Hur Tin Yang v. PP. GR No. 195117, 8/14/2013
PP v. Bonilla et. al. 16 CA Rep 560
PP v. Cardenas, GR 178064, 2/10/2009
PP v. Isleta, et. al., 61 Phil 332
43) Art. 333 – U.S. Serrano et. al., 28 Phil 230
PP v. Alberto, et.al., CA 47 O.G. 2438
44) Art 334 – PP v. Pitoc et al., 43 Phil. 760
45) Art 336 – U.S. v. Gomez, 30 Phil. 22
Lascivious Conduct (Sec. 2 (H), Rules & Regulation
of Reporting Child Abuse
46) Art. 349 – Morigo v. PP. GR 145226, 2/6/2004
Mercado v. Tan, G.R. 137110, 8/1/2000
47) Art. 351—Repealed by RA 10655, an Act Repealing the Crime
of Premature Marriages (Journal No. 79 dated 6/3/2014, Senate
of the Phils.)
48) Art. 353 – Disini v. Sec. of Justice, G.R. 203335, 2/11/2014
49) Art 365 – Higher penalty upon offender who fails to lend help
on the spot to the injured parties (As amended by RA 1790 &
RA 10951

IV. Course Requirement and Grading System -

1. Attendance 5%

To encourage students to be present and prompt in attending classroom

instruction considering that their presence in class is monitored every class
session.
 2. Quiz/recitation/case digest 20%

To push students to cope with reading assignment; develop study habit; provide
an opportunity for law students to be exposed to public speaking in order to boost
their confidence and enhance quick thinking analysis; appreciate the art of
mentoring their classmates how they have become learned in law; develop
students critical thinking, familiarization on how laws are applied since digest or
synthesis work is akin to improving writing skill.
.
3. Preliminary Examination -25%
Midterm Examination -25%
Final Examination -25%

*passing score is 75 per School Policy.

More weight is assigned to the three major examinations considering the

extent or length of the coverage of the written exercise. Questions or
problems are stimulant of knowledge; how far students have learned and
understood the subject could be manifested through the answers given or
presented to every question; the best qualifying tool that would tell us if a
student is prepared to move on to the next level or year of learning.

Note: The taking of special examination is highly discouraged unless

extremely necessary.

Course Policy – the student handbook/policy is hereby adopted.

Contact/other Information: The Professor may be contacted through the

class group chat or courtesy the Dean’s Office, School of Law, USJR.

The Professor reserves the option of giving additional reading assignment.

*Becoming a lawyer is no easy feat. Patience is a key factor in law to help

a law student succeed, with prayer, perseverance, persistence and dedication!