2014

1. Article 4- an offender is liable for the acts he committed even if the wrongful act be different from what he
intended
2. Homicide
3. Plunder- Elements:
a. The offender is a public officer holding a public office in the Government of the RP

b. The offender amassed, accumulated or acquired ill-gotten wealth through a combination of

overt or criminal acts of misuse, misappropriation, conversion or malversation of public funds,
receiving kickback =s from persons in connection with a government contract or project by
reason of his office or position and illegally or fraudulently conveying or disposing of assets
belonging to the national government or any of its subdivisions; and

c. The aggregate amount or total of the ill-gotten wealth amassed. Accumulated, or acquired is at
least P50M

4. Battered Woman Syndrome is similar to a justifying circumstance despite absence of the requisites under
R.A. No. 9262

5. Qualified Theft- when the taking is being committed without consent, intent to gain and abuse of confidence

6. Ex post facto law- retroactive penal laws which are prejudicial to the accused.

7. VAWC
8. Delivery of persons from jail (Art. 156)
9. Corruption of Public Officers (Art. 212)
10. Falsification of public documents (Art. 172 (1)
11. Principal by inducement
12. Direct Bribery (Art. 210, RPC)
13. Infidelity in the custody of prisoners (Art. 223)
14. Forcible Abduction with rape
15. Robbery with homicide
16. Aggravating circumstance of use of motor vehicle to get away
17. Human Trafficking of persons
18. Attempted homicide
19. Kidnapping and serious illegal detention with rape
20. Impossible crime
21. Physical injuries- less and slight
22. R.A. 3019
23. Indirect Bribery
24. Estafa
25. Privilege mitigating circumstance
26. Article 2, RPC and Territoriality principle
27. Anti-fencing law
28. Trespassing
29. Theft
30. Recidivism
31. Principal by direct participation
32. Kidnapping for ransom
33. Article 63, RPC
34. ISLAE
35. Accessories

2015

1. How are felonies committed?

 Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).

There is deceit when the act is performed with deliberate intent and there is fault when the
wrongful act result from imprudence, negligence, lack of foresight or lack of skill. (Article 3, RPC)

2. Aberratio ictus?

- Is a mistake in blow, the offender intending to cause an injury to one person actually inflicts it to
another due to lack of precision.
- The offender is liable although the wrongful act done be different from what which he intended.
(Article 4, RPC)
- Two offenses are actually committed by the offender, that which he intended to commit and
that which he actually commit.
- If these two offenses are both either grave or less grave, since they were produced by one single
act, a complex crime will result.

3. Ex post facto law- as one of the limitations of the Congress in enacting penal laws makes an innocent act a
crime after the act was committed.

Bill of attainer- is a law which inflicts punishment on a named individual or a group of individuals without
judicial trial

4. Death under exceptional circumstances under Article 247 of the Revised Penal Code states that any legally
married person who having surprised his spouse in the act of committing sexual intercourse with another
person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them
any serious physical injury, shall suffer the penalty of distierro.

5. Homicide with mitigating circumstance of passion and obfuscation.

6. Battered Woman Syndrome is akin to justifying circumstance wherein the victim incurs no criminal liability
despite the absence of the requisites of self defense.

7. Under Article 36 of the Revised Penal Code, a pardon shall not work restoration of the right to hold public
office unless such right be expressly restored by terms of the pardon.
Under Article 41, the penalty of reclusion perpetua shall carry with it perpetual absolute disqualification
which the offender shall suffer even though pardoned as to the principal penalty, UNLESS the same shall
have been expressly remitted in the pardon.
In amnesty, criminal liability is totally extinguished by amnesty, it extinguishes the penalty and all its effects,
Thus, the amnesty extinguishes not only the principal penalty of reclusion perpetua but also its effects such
as the accessory penalty of perpetual absolute disqualification. Amnesty looks backward and the person
released by amnesty is considered to have not committed the offense at all.
8. Prescription of penalties shall commence to run from the date the felon evades the service of his sentence
(Article 93, RPC).

9. Technical Malversation- when a public officer diverts funds or property which were earmarked or
appropriated for a specific purpose to another purpose.

Criminal intent is not an element of technical malversation. The law punishes the act of diverting public
property earmarked by law or ordinance for a particular purpose to another public purpose.

10. Instigation is among the absolutory cases which would exonerate Emilio from incurring criminal liability of
R.A. 9165.

In entrapment the criminal Intent emanates from the offender to commit the crime unlike in instigation
wherein the offender was only induced by other persons.

11. Serious physical injury is committed when the victim would suffer injury which requires more than 30 days
of medical attendance or there would be loss of senses such as blindness.

12. Territoriality principle

13. Estafa through misappropriation

 a. The offender’s receipt of money, goods, or other personal property in trust, or on commission, or
from administration, or under any other obligation involving the duty to deliver, or to return the
same;

b. Misappropriation or conversion by the offender of the money or property received, or denial of

receipt of the money or property;

c. The misappropriation conversion or denial is to the prejudice of another;

d. Demand by the offended party that the offender return the money or property received.

14. Estafa through falsification of public documents

15. Illegal recruitment

16. Violation of the Migrant Worker’s Act in in large scale

17. Direct Assault-Article 148

18. Violation of R.A. 10195- Illegal possession of firearm

19. Infidelity in the custody of prisoner or evasion through negligence (Article 224)

20. Indirect Bribery

21. Delivering prisoners from jail under Article 156 of the RPC

22. Falsification of public document by a public officer under Article 171.

23. Usurpation of function under Article 177]

24. Parricide (Article 246)

25. Infanticide (Article 255)- when a child below 3 years old is killed, the crime is infanticide regardless of the
person who killed such child.

26. Unintentional abortion- a child who is born less than 7 months and lived for at least 24 hours already
acquired personality

27. Minors aged 15 years old and below and those who are above fifteen but below eighteen years old who
acted without discernment are exempted from criminal liability.

28. Theft (Article 308)

29. Malversation- converting a public property to his personal use and benefit. When the money was received
by the chief of police in his official capacity, the money becomes a public property/ fund.

30. Attempted Arson

31. Adultery:

Elements:
a. The woman is married
b. She has sexual intercourse with a man not her husband’
c. As regards the man with whom she had sexual intercourse, he must know her to be married

32. Impossible crime- is an act which would be an offense against person or property, were it not for the
inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual
means.

33. There is no impossible crime of adultery since this is a crime against chastity, and not against person or
property.
 34. The crime of rape becomes qualified when committed by the stepfather of the victim are only common law
spouses.

2016

1. Explain the application of ISL

2. Malfeasance is an act which is a person is prohibited to do.

Misfeasance is an act which is performed by a person not in accordance with what is prescribed.
Nonfeasance is the omission of an act which a person ought to do.

3. Wheel or circle conspiracy occurs when a single person or group (the hub) dealing individually with two
or more other persons or groups, (the spokes). The spoke is dealing with the hub rather than with the
other spoke, in the event that the spoke shares a common purpose to succeed, there is a single
conspiracy. However, in the instances when each spoke is unconcerned with the success of the other
spokes, there are multiple conspiracies.

A chain conspiracy exists when there is successive communication and cooperation in much the same
way as with the legitimate business operations between manufacturer and wholesalers them
wholesalers and retailer, and then retail and consumer. (Estrada vs. Sandiganbayan

4. The enumerated relatives mentioned in Article 11 of the RPC are the following: spouse, ascendant,
descendants, legitimate, natural and adopted brothers and sisters or of his relatives by affinity in the
same degrees and those by consanguinity within the 4 th civil degree.

5. Article 11; Justifying circumstances

6. Article 247 (death or physical injuries inflicted under exceptional circumstances) requisites:

a. A legally married person surprises his spouse in the act of committing sexual intercourse with
another person;

b. He or she kills any or both of them or inflicts upon any or both of them or inflicts upon any or both
of them any serious physical injury “while in the act” or immediately thereafter; and

c. He has not promoted or facilitated the prostitution of his wife or that he or she has not consented to
the infidelity of the other spouse.

7. The law provides that adultery is committed by any married woman who shall have sexual intercourse
with a “man” not her husband.

8. Anti-Graft and Corrupt Practices Act

9. Fencing is an act of any parson who, with intent to gain for himself or for another, shall buy, receive
possess, acquire, conceal, sell or dispose of or shall buy and sell, or in any other manner deal in any
article, item, object or anything of value which he knows or should be known to him, to have been
derived from the proceeds of the crime of robbery or theft,

10. Estafa Art. 315 2(a) is committed means of any of the following false pretenses or fraudulent acts
executed prior to or simultaneously with the commission of the fraud.

11. Treachery is present when the attack renders the victim defenseless

Intent to kill may be determined by the extent of wounds sustained by the victim

12. Qualified Theft

13. Qualified Piracy is committed under Art, 123 of the RPC when the following requisites are present:

a. That the vessel is on the high seas;

 b. That the offenders are not the members of its complement or passenger of the vessel; and
c. That the offenders:
i. Attack or seize that vessel or
ii. Seize that whole or part of the cargo of said vessel, its equipment or personal belongings of
its complement or passengers
.
14. Kidnapping with homicide

15. Kidnapping with serious illegal deduction

16. Under Section 10 of R.A. No, 7610, any person who shall keep or have in his company a minor, twelve
(12) years or under or who in 10 years or more his junior in any public or private place, hotel, motel beer
joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and other tourist or similar
places.

17. Chain of Custody- means the duly recorded authorized movements and custody of seized drugs or
controlled chemicals or plant sources or laboratory equipment of each stage, from the time of
seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in court for
destruction. Such record of movements and custody of seized item shall include the identity and
signature of the person who held temporary custody of the seized item, the date and time when such
transfer of custody were made in the course of safekeeping and use in court as evidence and the final
disposition.

18. In the chain of custody, the inventory and photograph drugs must be submitted to PNP Crime
Laboratory within 24 hours.

19. The most important factor is the preservation of the integrity and evidentiary value of the seized item.

20. Robbery committed by a band. Under 14, par. 6 of the RPC, whenever more than three armed
malefactors shall have acted together in the commission of an offense, it shall be deemed to have been
committed by a band.

21. Robbery with homicide

22. Article 360 of the Revised Penal Code, the publisher and editor of newspaper, shall be responsible for
the defamations contained therein to the same extent,

23. The battered woman syndrome is characterized by the so-called “cycle of violence” which has three
phases”

a. The tension building phase- minor battering occurs- it could be verbal or slight physical abuse or
another form of hostile behavior. The woman tries to pacify the batterer through a kind nurturing
behavior or simply by staying out of his way.

b. The acute battering incident- is characterized by brutality, destructiveness and, sometimes, death.
The battered woman deems this incident as unpredictable yet inevitable. During this phase she has
no control, only the batterer may put an end to the violence. The final phase of the cycle of violence
begins when the acute battering incident ends.

c. The tranquil, loving (or, at least, non-violent) phase- the couple experience profound relief.

24. Battered woman syndrome is a defense notwithstanding the absence of any of the elements for
justifying circumstances of self defense under the RPC.

2017

1. Mala in se- acts are inherently wrong and so generally condemned, moral trait of the offender is
involved, thus good faith is a defense unless the crime is the result of criminal negligence and modifying
circumstances is considered.
 Malum Prohibitum- act is not by nature bad or wrong yet it is punished because there is a law
prohibiting them for public good, thus, good faith is not a defense/

2. “Not every instance of the laying of hands on a child constitutes the crime of child abuse under Section
10 (a) of R.A. No., 7610. Only when the laying of hands is shown beyond reasonable doubt to be
intended by the accused to DEBASE, DEGRADE or DEMEAN the INTRINSIC WORTH and DIGNITY of the
child as a human being should it be punished as child abuse, otherwise it is punished under the RPC.

3. There is attempted rape with homicide when the killing is committed by the offender by reason or on
occasion of the attempted rape.

4. DSWD shall determine whether the minor has acted with discernment in committing a crime. If proven
to have acted without discernment, he shall be exempt from criminal liability but not with civil liability.
(Art. 12, RPC) But if acted with discernment, he shall be criminally liable and subjected to an
intervention program in accordance with R.A. 9344.

5. Error is personae does not apply to special laws

6. Plunder*

7. Wheel conspiracy and chain conspiracy definition*

8. Section 3(b) of R.A. 3019 (Anti-Graft and Corrupt Practices Act, punished any public officer for directly or
indirectly requesting or receiving any gift, present, share, percentage or benefit for himself for any other
person, in connection with any contract or transaction between the government and any other party,
wherein the public officer in his official capacity has to intervene under the law.

9. Corruption of public officers (Article 212, RPC) elements:

a. That the offender makes offer or promises, or give gifts or presents to a public officer;
b. That the offers or promises are made or the gifts or presents are given to a public officer under
circumstances that will make the public officer liable for direct bribery or indirect bribery (Dissini
vs. Sandiganbayan, First Division, 705 SCR 459, 11 September 2013)

10. A public officer is any person who, by direct provision of the law, popular election or appointment by
competent authority, shall take part in the performance of public functions in the Government of the
Philippine Islands, of shall perform in said Government or in any of its branches public duties as an
employee, agent or subordinate official, of any rank or class shall be deemed to be a public officer. (Art.
203, RPC)

11. Rape is consummated even if there is only slightest penetration of the female genitalia by carnal
knowledge.
Rape is attempted when by overt acts, the offender would show intent to have sexual intercourse with
the victim.

12. Estafa thru falsification is committed when one shall falsify a document with the intention to defraud
another.

13. Doli incapax is a child fifteen years of age or under at the time of the commission of the crime, child
above 15 years but below years of age shall be exempt from criminal liability but he will be subjected to
an intervention program UNLESS he has acted with discernment, she shall then be liable and which case,
such child shall be subjected to the appropriate proceedings in accordance with this R.A. 9344.

14. There is no frustrated serious physical injuries because there is no stages of execution in the crime of
Physical injuries, Such crime is classified according to the nature of the injury sustained by the victim
such as serious, less serious or slight physical injuries.
15. Murder qualified by evident premeditation- when the killing is intended to retaliate because of his
conviction.

16. Direct Assault is committed when the attack is intended by reason of the public official’s position.

17. Quasi-recidivism when the convict committed another crime while serving sentence. This is a special
aggravating circumstance which has the effect of making the penalty in its maximum period.

18. Kinds of unlawful aggression:

a. Actual or material unlawful aggression

b. Imminent unlawful aggression

19. Carnapping is committed when the taking of the vehicle is with intent to gain

20. There is Robbery when the taking is committed with violation, force and intimidation with intent to gain.

21. Any killing on occasion of robbery amounts to the crime of robbery with homicide regardless of who was
the person killed.

22. Kidnapping is committed when the taking is committed with the intention to restrain the freedom of a
person in exchange of ransom.

23. Indeterminate sentence law is applicable in special laws by imposing upon the offender the sentence
which must not be less than what is provided by law as minimum penalty and must not be more than
what is prescribed by law as maximum penality.

24. A straight penalty of one year in the context of Indeterminate Sentence Law is a valid sentence since it is
not more than one year which would require the application of ISLAW. The penalty for one year is
correct provided it is not less than what is prescribed by the law and not more than what is prescribed
by law.

25. Interruption of religious worship (Article 132) is committed by any public officer or employee who shall
prevent or disturb the ceremonies or manifestations of any religion.

26. Offending the religious feeling (Article 133) is committed by anyone who, in a place devoted to religious
worship or during the celebration of any religious ceremony shall perform acts notoriously offensive to
the feelings of the faithful.