Você está na página 1de 22

KALINGA STATE UNIVERSITY

College of Law

JURIS DOCTOR (NON-THESIS)

First Semester, Academic Year 2019-2020

COURSE NO.: Criminal Law I

TIME DURATION: 3-hour/week

CREDIT: 3 Units

PRE-REQUISITE: None

I. VISION AND MISSION STATEMENT


Vision: A Knowledge and Technology Hub in Asia-Pacific Region

Mission: Kalinga State University shall primarily provide higher and advanced education, professional instruction and
training in the arts, agriculture forestry, social and natural sciences and technology, and other relevant fields of study. It
shall also promote and undertake research and extension services, and provide progressive leadership in its areas of
specialization.

II. COURSE DESCRIPTION


A detailed examination into the characteristics of criminal law, the nature of felonies, stages of execution, circumstances
affecting criminal liability, persons criminally liable; the extent and extinction of criminal liability as well as the
understanding of penalties in criminal law, their nature and theories, classes, crimes, habitual delinquency, juvenile
delinquency, the Indeterminate Sentence Law, and the Probation Law. The course covers Articles 1-113 of the Revised
Penal Code and related laws.
III. GENERAL OBJECTIVES
At the end of the semester, the students are expected to know:

1. Fundamental Principles of Criminal Law;


2. Felonies;
3. Circumstances affecting criminal liability;
4. Penalties;
5. Indeterminate Sentence Law (Act No 4103)
6. Probation Law (P.D. No. 968)
7. Modification and Extinction of criminal liability

IV. SUGGESTED ACTIVITIES


1. Lectures;
2. Recitations;
3. Case digests; and
4. Seatworks

Reading Assignments

I. FUNDAMENTAL PRINCIPLES
A. Definition of Criminal Law
B. Mala in se vs. Mala Prohibita
C. Construction of Penal Laws
Law:
Case:
Intestate Estate of Gonzales vs. People
D. Scope of Application and Characteristics of Criminal Law
1. Generality Principle
Law:
Article 14 of the Revised Penal Code
Cases:
People vs. Galacgac
Novales vs. Abaya, G.R. No. 162318, October 25, 2004
Exceptions:
Minucher vs. Hon. CA, G.R. No. 142396, February 11, 2003
Nollora, Jr. vs. People, G.R. No. 191245, September 7, 2011
Estrada vs. Desierto, G.R. Nos. 146710-15, March 2, 2001
2. Territoriality Principle
Law:
Article 2 of the Revised Penal Code
Convention on the Law of the Sea
RA 9522
Case:
Reagan vs. CIR, G.R. No. L-26379
Extra-territoriality Principle
US vs. Fowler, G.R. No. 496, December 31, 1902
Protective Principle
People vs. Lol-Lo and Saraw
3. Prospectivity Principle
Law:
Article 21 of the Revised Penal Code
Exception:
People vs. Talaro, G.R. No. 175781, March 20, 2012
E. Constitutional Limitations on Power of Congress to enact Penal Laws

1. Equal protection clause


2. Due process clause
3. Non-imposition of cruel and unusual penalty or excessive fine
Prohibition on the imposition of death penalty (RA No. 9346)
Mendoza vs. People, G.R. No. 183891, October 19,2011
4. Bill of Attainder
5. Ex post facto law
II. FELONIES
1. Elements of an intentional felony
US vs. Ah Chong, G.R. No. L-5272, March 19, 1910
Article 3 of the Revised Penal Code
A. Classification of Felonies
Law:
Article 9 of the Revised Penal Code
Case:
People vs. Ulep, G.R. No. L-36858, June 20, 1988
1. Error in personae
People vs. Pinto, G.R. No. 39519, November 21, 1991
People vs. Dueńo, G.R. No. L-31102, May 5, 1979
2. Aberratio ictus
People vs. Abarca, G.R. No. 74433, September 14, 1987
People vs. Salina, CA O.G. 3186
People vs. Umawid, G.R. No. 208719, June 9, 2014
People vs. Violin, G.R. Nos. 114003-06, January 14, 1997
People vs. Mabug-at, G.R. No. 25459, August 10, 1926
People vs. Guillen, G.R. No. L-1477, January 18, 1950
3. Praeter intentionem
People vs. Nucum, G.R. No. L-482, February 25, 1947
People vs. Ortega, Jr., G.R. No. 116736, July 24, 1997
People vs. Salufrania, G.R. No. L-50884, March 30, 1988
4. Effects on the Penalty
Law:
Article 49 of the Revised Penal Code
Case:
Wacoy vs. People, G.R. No. 213792, June 22, 2015
5. Evident premeditation
People vs. Trinidad, G.R. No. L-38930, June 28, 1988
People vs. Mabug-at, G.R. No. L-25459, August 10, 1926
6. Treachery
People vs. Del Castillo, Sr., G.R. No. L-32995, April 30, 1984
People vs. Cagoco, G.R. No. 38511, October 6, 1933
People vs. Flora, G.R. No. 125909, June 23, 2000
People vs. Adriano, G.R. No. 205228, July 15, 2015
7. Conspiracy
People vs. Herbias, G.R. Nos. 112716-17, December 16, 1996
8. Proximate cause
People vs. Ulep, G.R. No. L-36858, June 20, 1988
Belbis Jr. vs. People, G.R. No. 181052, November 14, 2012
9. Efficient intervening cause

People vs. Cornel, G.R. No. L-204, May 16, 1947


Villacorta vs. People, G.R. No. 186412, September 7, 2011
Urbano vs. IAC, G.R. No. 72964, January 7, 1988
People vs. Tadeo, G.R. Nos. 127660 and 144011-12, September 17, 2002
People vs. Acuram, G.R. No. 117954, April 27,2000
B. Impossible Crime
Article 59 of the Revised Penal Code
People vs. Tan, G.R. No. 95322, March 1, 1993
People vs. Balmores, G.R. No. L-1896, February 16, 1950
Intod vs. CA, G.R. No. 103119, October 21, 1992
Jacinto vs. People, G.R. No. 162540, July 13, 2009
People vs. Seranilla, G.R. No. L-54090, May 9, 1988
C. Stages of Execution
De Guzman Jr. vs. People, G.R. No. 178512, November 26, 2014
People vs. Lizada, G.R. Nos. 143468-71, January 24, 2003
People vs. Lamahang, G.R. No. 43530, August 3, 1935
Colinares vs. People, G.R. No. 182748, December 13, 2011
People vs. Serrano, G.R. No. 175023, July 5, 2010
Pentecostes, Jr. vs. people, G.R. No. 167766, April 7, 2010
People vs. Abella, G.R. No. 198400, October 7, 2013
Baldogo vs. people, G.R. Nos. 128106-07, January 24, 2003
People vs. Orita, G.R. No. 88724, April 3, 1990
People vs. Dagman, G.R. No. L-23123, August 20, 1925
People vs. Borinaga, G.R. No. 33463, December 18, 1930
People vs. Pio, G.R. No. L-5848, April 30, 1954
People vs. Go Kay, CA 54 O.G. 2225
US vs. Valdez, G.R. No. 14128, December 10, 1918
People vs. Gutierrez, G.R. No. 100699, July 5, 1996
People vs. Hernandez, G.R. No. 31770, December 5, 1929
US vs. GO Foo Suy, G.R. No. 8217, September 5, 1913
D. Continuing Offense
Santiago vs. Garchitorena, G.R. No. 109266, December 2, 1993
People vs. Jaranilla, G.R. No. L-28547, February 22, 1974
People vs. Lavides, G.R. No. 199522, June 22, 2015
People vs. De Leon, G.R. No. 179943, June 26, 2009
People vs. Aaron, G.R. Nos. 136300-02, September 24, 2002
People vs. Lucena, G.R. No. 190632, February 26, 2014
People vs. Balasa, G.R. No. 106357, September 3, 1998
Ilagan vs. Hon. Court of Appeals, G.R. No. 110617, December 29, 1994
Gamboa vs. Court of Appeals, v L-141054, November 28, 1975
People vs. Dichupa, G.R. No. L-16943, October 28, 1961
Paera vs. People, G.R. No. 181626, May 30, 2011
Lim vs. People, G.R. No. 1483231, October 26, 2001
Arches vs. Bellosillo, G.R. No. L-1779, June 29, 1948
Umil vs. Ramos, G.R. No. 8156, October 3, 1991
E. Special Complex Crime and Complex Crime
1. Complex crime
People vs. Villaflores, G.R. No. 184926, April 11, 2012
People vs. Ladiana, G.R. No. 174660, May 30, 2011
People vs. Orosco, G.R. No. 209227, March 25, 2015
People vs. Daniela, G.R. No. 139230, April 24, 2003
People vs. Canastre, G.R. No. L-2055, December 24, 1948
People vs. Lascuna, G.R. No. 90626, August 18, 1993
People vs. Larranaga, G.R. Nos. 138874-75, February 3, 2004
People vs. Montanir, G.R. No. 1873534, April 4, 2011
People vs. Dinola, G.R. No. L-54567, March 22, 1990
People vs. Tuangco, G.R. No. 130331, November 22, 2000
People vs. Maguad, G.R. No. 116514, March 13, 1998
People vs. Lasparadas, G.R. No. L-4146, October 23, 1979
People vs. Bernabe, G.R. No. 185726, October 16, 2009
People vs. Laog, G.R. No. 178321, October 5, 2011
People vs. Isla, G.R. No. 199875, November 21, 2012
People vs. Mangulabnan, G.R. No. L-8919, September 28, 1956
People vs. Hinlo, G.R. No. 212151, February 18, 2015
People vs. Hugueta, G.R. No. 202124, April 5, 2016
People vs. Barut, G.R. No. L-42666, March 13, 1979
People vs. Nelmida, G.R. No. 184500, September 11, 2012
People vs. Punzalan, G.R. No. 199892, December 10, 2012
III. Circumstances affecting criminal liability
A. Justifying circumstances
People vs. Victoria, G.R. No. L-369, March 13, 1947
People vs. Alvero, G.R. No. L-820, April 11,1950
Soplente vs. people, G.R. No.152715, July 29, 2005
People vs. Roman, G.R. No. 198110, July 31, 2013
Nadyahan vs. People, G.R. No. 193134, March 2, 2016
People vs. Malicdem, G.R. No. 184601, November 12, 2012
Nacnac vs. People, G.R. No. 191913, March 21, 2012
People vs. Fontanilla, G.R. No. 177743, January 25, 2012
People vs. Roman, G.R. No. 198110, July 31, 2013
People vs. De Leon, G.R. No. November 12, 2012
People vs. Gayrama, G.R. Nos. L-39270-71, October 30, 1934
US vs. Merced, G.R. No. 14170, November 23, 1918
People vs. Pagador, G.R. Nos. 140006-10, April 20, 2001
B. Exempting circumstance
Laws:
RA 9344 as amended by RA 10630

Cases:
Pomoy vs. People, G.R. No. 150647, September 29, 2004
Toledo vs. People, 439 SCRA 94, September 24, 2004
People vs. Genosa, G.R. No. 135981, January 15, 2004
People vs. Licayan, et al., G.R. No. 203961, July 29,2015
People vs. Roxas, G.R. No. 200793, June 4, 2014
People vs. Butiong, G.R. No. 168932, October 19, 2011
People vs. Formigones, G.R. No. L-3246,November 29, 1950
People vs. Pambid, G.R. No. 124453, March 15, 2000
People vs. Tibon, G.R. No. 188320, June 29, 2010
People vs. Taneo, G.R. No. 37673, March 31, 1933
People vs. Odicta, G.R. No. 1749, March 31, 1905
People vs. Bulagao, G.R. No. 184757, October 5, 2011
People vs. Puno, G.R. No. LO-33211, June 21, 1981
People vs. Alipio, G.R. No. 185285, October 5, 2009
People vs. Villa, Jr., G.R. No. 129899, April 27, 2000
People vs. Belonio, G.R. No. 148695, May 27, 2004people vs. Rafanan Jr., G.R. No. 54135, November 21, 1991
People vs. Bonoan, G.R. No. 45130, February 17, 1937US vs. Tanedo, G.R. No. L-5418, February 12, 1910
People vs. Doqueńa, G.R. No. 46539, September 27, 1939
C. Mitigating Circumstances
Law: Article 64 of the Revised Penal Code

Cases:
Aballe vs. People, G.R. No. L-64086, March 15, 1990
People vs. Lumandong, G.R. No. 132745, March 9, 2000
People vs. Maglian, G.R. No. 189834, March 30, 2011
People vs. Sales, G.R. No. 177218, October 3, 2011
People vs. Centeno, G.R. No. 33284, April 20, 1989
People vs. Flores, G.R. No. 116524, January 18, 1996
Seguritan vs. People, G.R. No. 172896, April 19, 2010
People vs. Dagatan, G.R. No. L-10851, August 28, 1959, August 28, 1959
People vs. Benito, G.R. No. L-32042, February 13, 1975
People vs. Comillo, G.R. No. 186538, November 25, 2009
US vs. Hicks, G.R. No. 4971, September 23, 1909
US vs. Dela Cruz, G.R. No. 7094, March 29, 1912
People vs. Torpio, G.R. No. 138984, June 4, 2004
Pepito vs. CA, et al., G.R. No. 119942, July 8, 1999
People vs. Tabarnero, G.R. No. 168169, February 28, 2010
People vs. Agacer, G.R. No. 177751, December 14, 2011
People vs. Montinola, G.R. Nos. 131856-57, July 9, 2001
People vs. Deopante, G.R. No. 102772, October 30, 1996
People vs. Macbul, G.R. No. 48976, October 11, 1943
D. Aggravating Circumstances
People vs. Simon, G.R. No. 93028, July 29, 1994
People vs. Tiongson, G.R. Nos. L-35123-24, July 25, 1984
People vs. Tac-an, G.R. No. 76388, February 26, 1990
US vs. Punsalan, G.R. No. 1431, January 27, 1904
US vs. Baluyot, G.R. No. 14476, November 6, 1919
People vs. Puno, G.R. No. L-33211, June 29, 1981
People vs. Talay, G.R. No. L-24952, November 28, 1980
People vs. Puno, G.R. No. G.R. No.153119, April 13, 2004
People vs. Onabia, G.R. No. 128288, April 20, 1999
People vs. Hernandez, G.R. No. 139697, June 15, 2004
Gonzaga vs. People, G.R. No. 195671, January 21, 2015
People vs. Sibbu, G.R. No. 214757, March 29, 2017
Fantastico vs. Malicse, G.R. No. 190912, January 12, 2015
Cicera vs. People, G.R. No. 181843, July 14, 2014
People vs. De Leon, G.R. No. 179943, June 26, 2009
People vs. Toledo, Sr., G.R. No. 139961, May 9, 2001
People vs. Magnaye, G.R. No. L-3510, May 30, 1951
People vs. Lamahang, G.R. No. 43530, August 3, 1935
People vs. Sapinoso, G.R. No. 122540, March 22, 2000
People vs. Daniel, G.R. No. L-40330, November 20, 1978
People vs. Balansi, G.R. No. 77284, July 19, 1990
People vs. Perreras, G.R. No. 139622, July 31, 2001
People vs. Nuguid, G.R. No. 148991, January 21, 2004
US vs. Ibańez, G.R. No. 10672, October 26, 1915
Urbano vs. People, G.R. No. 182750, January 20, 2009
People vs. Atienza, G.R. No. L-39777, August 31, 1982
People vs. Pardo, G.R. No. L-562, November 19, 1947
People vs. Morales, G.R. No. L-44096, April 20, 1983
People vs. Clarińo, G.R. No. 134634, July 31, 2001
People vs. Lab-eo, G.R. No. 133438, January 16, 2002
People vs. Rizal, G.R. Nos. L-43487-89, February 26, 1981
People vs. Sanchez, G.R. No. 131116, August 27, 1999
People vs. Salahuddin, G.R. No. 206291, January 18, 2016
People vs. Balagtas, CA-G.R. No. 10823-R, September 12, 1955
US vs. Guy-saco, G.R. No. 4912, March 25, 1909
People vs. Feliciano, Jr., G.R. No. 196735, May 5, 2014
People vs. Forneste, G.R. No. L-32860, September 30, 1982
US vs. Rodriguez, G.R. No. 6344, March 21, 1911
People vs. Comadre, G.R. No. 153559, June 8, 2004
People vs. Varona, Jr., G.R. No. 119417, October 9, 1996
People vs. Garchitorena, G.R. No. 175605, August 28, 2009
People vs. Paling, G.R. No. 185390, March 16, 2011
People vs. Dadao, G.R. No. 201860, January 22, 2014
People vs. De Leon, G.R. No. 128436, December 10, 1999
US vs. Flores, G.R. No. 9008, September 17, 1914
People vs. Paredes, G.R. No. L-19149, August 16, 1968
People vs. Alinao, G.R. No. 191256, September 18, 2013
People vs. Carandang, G.R. No. 175926, July 6, 2011
People vs. Trinidad, G.R. No. L-38930, June 28, 1988
People vs. Capalac, G.R. No. L-38297, October 23, 1982
People vs. Soriano, G.R. No. L-32244, June 24, 1983
People vs. Saylan, G.R. No. L-36941, June 29, 1984
Simangan vs. People, G.R. No. 157984, July 8, 2004
People vs. Saylan, G.R. No. L-36941, June 29, 1984
People vs. Develos, G.R. No. L-49430, March 30, 1982
People vs. Zea, G.R. No. L-23109, June 29, 1984
People vs. Sunga, G.R. No. 18054, March 18, 1922
E. Alternative circumstance
Law:
Article 62 of the Revised Penal Code
Cases:
People vs. Orilla, G.R. Nos. 148939-40, February 13, 2004
People vs. Ulit, G.R. Nos. 131799-801, February 23, 2004
People vs. Atop, G.R. Nos. 124303-05, February 10, 1998
People vs. Constantino, G.R. No. 01897-CR, September 6, 1963
Teotico vs. Del Val Chan, G.R. No. L-18753, March 26, 1965
People vs. Curatchia, G.R. No. L-317771, May 16, 1980
US vs. Ostrea, G.R. No. 1114, March 31, 1903
People vs. Velasquez, G.R. Nos. 132635 and 143872-75
People vs. Fontillas, G.R. No. 184177, December 15, 2010
People vs. Novio, G.R. No. 139332, June 20, 2003
People vs. Ga, G.R. No. 49831, June 27, 1990
People vs. Gorospe, G.R. Nos. 10644-45, February 19, 1959
People vs. Agustin, G.R. No. L-18368, March 31, 1966
People vs. Ang, G.R. No. L-62833, October 8, 1985
F. Absolutory causes
Laws:
Article 247 of the Revised Penal Code

Cases:
People vs. Talisic, G.R. No. 97961, September 5, 1997
US vs. Versola, G.R. No. 10759, January 25, 1916
US vs. Dela Cruz, G.R. No. 7094, March 29, 1912
People vs. Marquez, G.R. No. 31268, July 31, 1929
People vs. Wagas, G.R. No. 61704, March 8, 1989
People vs. Abarca, G.R. No. 74433, September 14, 1987
People vs. Abilong, G.R. No. L-1960, November 26, 1948
People vs. Espiritu, G.R. No. 180919, January 9, 2013
People vs. Bartolome, G.R. No. 191726, February 26, 2013
People vs. Ramos, Jr., G.R. No. 88301, October 28, 1991
IV. Persons criminally liable and Degree of Participation
1. Principal by Direct Participation
Law:
Article 17 of the Revised Penal Code
Cases:
People vs. Tampis, G.R. No. 148725, July 31, 2003
People vs. Delim, G.R. No. 142773, January 28, 2003
People vs. Duetes, G.R. No. 144598, February 6, 2004
People vs. Esponilla, G.R. No. 122766, June 20, 2003
US vs. Gamao, G.R. No. L-6942, August 30, 1912
People vs. Bulan, G.R. No. 143404, June 8, 2005
2. Principal by inducement
US vs. Indanan, G.R. No. 8187, January 29, 1913
US vs. Gamao, G.R. No. L-6942, August 30, 1912
People vs. Canial, G.R. No. L-31042-42, August 18, 1972
People vs. Madali, G.R. No. 67803-04, July 30, 1990
People vs. Castillo, G.R. No. L-19238, July 26, 1966
People vs. Caimbre, G.R. No. L-12087, December 29, 1960
3. Principal by Indispensable Cooperation
People vs. Abina, G.R. No. 129891, October 27, 1998
People vs. Jorge, G.R. No. 99379, April 22, 1994
People vs. Madali, G.R. Nos. 67803-04, July 30, 1990
US vs. Ibańez, G.R. No. 6003, August 7, 1911
People vs. Montealegre, G.R. No. L-67948, May 31, 1988
4. Accomplice
Law:
Article 18 of the Revised Penal Code
Cases:
People vs. Maliao, G.R. No. 178058, July 31, 2009
People vs. Gamboa, G.R. No. 172707, October 1, 2013
People vs. Cruz, Jr., G.R. No. 168446, September 18, 2009
People vs. Salvador, G.R. No. 201443, April 10, 2013
People vs. Amodia, G.R. No. 173791, April 7, 2009
People vs. Eusebio, G.R. No. 182152, February 25, 2013
People vs. Elijorde, G.R. No. 126531, April 21, 1999
People vs. Mandolado, G.R. No. 51304, June 28, 1983
People vs. Doble, G.R. No. L-30028, May 31, 1982
People vs. Asesor, G.R. No. L-2953 and L-4033, July 27, 1951
5. Accessory
Law:
Article 19 of the Revised Penal Code
Cases:
People vs. Billon, CA., 48 O.G. 1391
People vs. Inovera, 65 O.G. 3168
Vino vs. People, G.R. No. 84163, October 19, 1989
People vs. Bayabos, G.R. No. 171222, February 18, 2015people vs. Barlam, 59 O.G. 2474
People vs. Galleto, G.R. No. L-1095, July 31, 1947
US vs. Callapag, G.R. No. 7041, January 23, 1912
US vs. Romulo, G.R. No. 5502, March 7, 1910
US vs. Yacat, G.R. No. 110, October 24, 1902
6. PD No. 1829 (Decree Penalizing obstruction of apprehension and prosecution of criminal offenders)
Cases:
Naval vs. Panday, A.M. No. RTJ-95-1283, December 21, 1999
People vs. Talingdan, G.R. No. L-32126, July 6, 1978
Rodriguez vs. Sandiganbayan, G.R. No. 141710, March 3, 2004
Padiernos vs. People, G.R. No. 181111, August 17, 2015
Angeles vs. Gaite, G.R. No. 165276, November 25, 2009
Posadas vs. The Honorable Ombudsman, G.R. No. 131492, September 29, 2000
Enrile vs. Amin, G.R. No. 93335, September 13, 1990
US vs. Romulo, G.R. No. 5502, March 7, 1910
V. Penalties
A. General principles on penalties
Cases:
De Castro vs. People, G.R. No. 171672, February 2, 2015
People vs. Chowdury, G.R. Nos. 129577-80, February 15, 2000
B. Classification of penalties
Cases:
People vs. Abellera, G.R. No. L-48446, February 26, 1943
People vs. Lopez, 71 [CA] O.G. 7824, 2005
C. Duration and effects of penalties
Laws:
Articles 27-38 of the Revised Penal Code
Article 76 of the Revised Penal Code
Article 98 of the Revised Penal Code
RA No. 10592 (Good Conduct and Time Allowance)
Cases:
People vs. Lucas, G.R. Nos. 108172-73, January 9, 1995
People vs. Obillo, G.R. No. 139323, June 6, 2001
People vs. Medina, G.R. Nos. 127756-58, June 18, 2003
People vs. Morilla, G.R. No. 189833, February 5, 2014
People vs. Bastasa, G.R. No. L-32792, February 2, 1979
Losada vs. Acenas, G.R. No. L-810, March 31, 1947
Risos-vidal vs. Lim, G.R. No.206666, January 21, 2015
D. Application
Laws:
Articles 50-57 of the Revised Penal Code
Article 64 (5) of the Revised Penal Code
Articles 68-69 of the Revised Penal Code
Article 71 of the Revised Penal Code
Article 160 of the Revised Penal Code
Article 365 of the Revised Penal Code
Cases:
People vs. Co Pao, G.R. No.38329, October 10, 1933
Abueva vs. People, G.R. No. 134387, September 27, 2002
People vs. Dela Cruz, G.R. No. 168173, December 24, 2008
People vs. Bocalan, G.R. No. 141527, September 4, 2003
People vs. Gamboa, G.R. No. 172707, October 1, 2013
People vs. Deliola, G.R. No. 200157, August 31, 2016
People vs. Amit, G.R. No. L-29066, March 25, 1970
Legrama vs. Sandiganbayan, G.R. No. 178626, June 13, 2012
Nizurtado vs. Sandiganbayan, G.R. No. 107838, December 7, 1994
Aballe vs. People, G.R. No. L-64086, March 15, 1990
People vs. Macariola, G.R. No. L-40757, January 24, 1983
People vs. Abletes, G.R. No. L-33304, July 31, 1974
Mariano vs. People, G.R. No. 178145, July 7, 2014
People vs. Jose, G.R. No. L-35280, August 12, 1983
People vs. Gutierrez, G.R. No. L-30314, March 15, 1982

E. Indeterminate Sentence Law (Act No. 4103)


Cases:
People vs. Ducosin, G.R. No. 38332, December 14,1933
People vs. Rillorta, G.R. No. 57415, December 15, 1989
Pado vs. people, G.R. No. 176609, December 18, 2008
People vs. Buban, G.R. No. 208760, April 23, 2014
Zafra vs. People, G.R. No. 176317, July 23, 2014
People vs. Basilio, G.R. Nos. 96618-19, August 11, 1999
Pangan vs. Gatbalite, G.R. No. 141718, January 21, 2005
US vs. Licarte, G.R. No.6784, August 15, 1912
People vs. Martinada, G.R. Nos. 66401-03, February 13, 1991
Asiatico vs. People, G.R. No. 195005, September 12, 2011
Romero vs. People, G.R. No. 171644, November 23, 2011
People vs. Nang Kay, G.R. No. L-3565, April 20, 1951
Batistis vs. People, G.R. No. 181571, December 16, 2009
Perlas vs. People, G.R. Nos. 84637-39, August 2, 1989
Rodriguez vs. Director of Prisons, G.R. No. L-35386, September 28, 1972
People vs. Mirto, G.R. No. 193479, October 19, 2011
Ramos vs. Gonong, G.R. No. L-42010, August 31, 1976
People vs. Dacuycuy, G.R. No. L-45127, May 5, 1989
Toledo vs. The Superintendent of the Correctional Institution for Women, G.R. No. L-16377, January 28, 1961
Tavera vs. Valdes, G.R. No. 922, November 8, 1902
People vs. Garcia, G.R. No. 25764-R, 56 O.G. 4933

F. Probation Law (P.D. No. 968)


Cases:
Budlong vs. Palisok, G.R. No. 60151, June 24, 1983
Facinal vs. Cruz, G.R. No. 50618, G.R. No. September 2, 1992
Suyan vs. People, G.R. No. 189644, July 2, 2014
Balleta vs. Leviste, G.R. No. L-49907, August 21, 1979
Villareal vs. People, G.R. No. 151258, December 1, 2014
People vs. Salgado, G.R. No. 89606, August 30, 1990
Yusi vs. Morales, G.R. No. 61958, April 28, 1983
Almero vs. People, G.R. No. 188191, March 12, 2014
Francisco vs. CA, G.R. No. 108747, April 6, 1995
Colinares vs. People, G.R. No. 182748, December 13, 2011
Dimakuta vs. people, G.R. No. 206513
Cabatingan vs. Sandiganbayan, G.R. No. L-55333, January 22, 1981
Santos vs. Hon. CA and Castro, G.R. No. 127899, December 2,1999
Francisco vs. CA, G.R. No. 108747, April 6, 1995
Soriano vs. CA, G.R. No. 123936, March 4, 1999
Bala vs. Martinez, G.R. No. 67301, January 29, 1990
Padua vs. People, G.R. No.168546, July 23, 2008
VI. Modification and Extinction of criminal liability
1. Exclusive modes of criminal extinction
Cases:
Kimpo vs. Sandiganbayan, G.R. No. 95604, April 29, 1994
Oliveros vs. Judge Villaluz, G.R. No. L-34636, May 30, 1974
Morales vs. CA and Binay, G.R. Nos. 217126-27, November 10,2015
People vs. Nery, G.R. No. L-19567, February 5, 1964
Degańos vs. People, G.R. No. 162826, October 14, 2013
People vs. Tanjucto, G.R. No. L-23924, April 29, 1968
People vs. Benitez, G.R. No. l-15923, June 30, 1960
Bautista vs. CA, G.R. No. 121683, March 26, 1998

2. Death of the accused


Cases:
People vs. Bayotas, G.R. No. 102007, September 2, 1994
Bernardo vs. People, G.R. No. 182210, October 5, 2015

3. Prescription of crimes
Cases:
People vs. Reyes, G.R. Nos. 74226-27, July 27, 1989
People vs. Balagtas, G.R. No. L-10210, July 29, 1959
People vs. Maceda, G.R. No. 48224, September 23, 1942
Garcia vs. CA, G.R. No. 119063, January 27,1997
Arches vs. Bellasillo, G.R. No. L-1779, June 29, 1948
Francisco vs. CA, G.R. No. L-45674, May 30, 1983
People vs. Galano, G.R. No. L-42925, January 31, 1977
Romualdez vs. Marcelo, G.R. Nos. 165510-33, July 28, 2006
Disini vs. Sandiganbayan, G.R. Nos. 169823-24 and 17476465, September 11, 2013
People vs. Pangilinan, G.R. No. 152662, June 13, 2012
4. Prescription of penalties
Laws:
Articles 92-93 of the Revised Penal Code
Cases:
Del Castillo vs. Hon. Torrecampo, G.R. No. 139033, December 18, 2002

5. Pardon by offended party


People vs. Miranda, G.R. No. 38171, October 6, 1932
People vs. Estibal, G.R. No. 208749, November 26, 2014

6. Pardon by the Chief Executive


Cases:
Mosanto vs. Factoran, Jr., G.R. No. 78239, February 9,1989
Risos-Vidal vs. Lim, G.R. No. 206666, January 21, 2015
Sabello vs. Departmant of Education, Culture, and Sports, G.R. No. 87687, December 26, 1989
Garcia vs. Commission on Audit, G.R. No. 75025, September 14, 1993

7. Amnesty
Laws:
Article 89 of the Revised Penal Code
Cases:
Magdalo para sa Pagbabago vs. Comelec, G.R. No. 190793, June 19, 2012
People vs. Patriarca, Jr., G.R. No. 135457, September 29, 2000
Risos-Vidal vs. Lim, G.R. No. 206666, January 21, 2015

V. AUDIO-VISUAL AIDS
1. Lecture hand-outs
2. Activity sheets

VI. GRADING SYSTEM


The College of Law adopts following the grading system.

Mid-Term: 50% Class Standing + 50% Mid-term Examination

Semi-Finals: 50% Class Standing + 50% Final Examination

Final Grade: 1/2 of Mid-Term Grade + 1/2 of Semi-Final Grade

Class Standing includes the following:

Attendance: 10%

Quizzes, Assignment and other requirements: 40%

Recitation: 50%

100%

VII. CONTENT

Specific Objectives Content Time Strategies Valuation Evaluation


Frame Activities
I. To understand the 1. Definition of Criminal 3 hrs. Lecture Having an overview of the
meaning, characteristics, Law; fundamental principles of
and theories of Criminal 2. Mala in se and Mala Criminal Law.
Law and to be able to Prohibita;
distinguish mala in se from 3. Theories in Criminal
mala prohibita Law;
4. Construction of Penal
Laws;
5. Scope of application
and characteristics of
Criminal Law; and
6. Constitutional
Limitations on power of
congress to enact Penal
Laws.
II. To have a full grasp of 1. Classification of 9hrs. Understanding the
the concept of felonies Felonies; comprehensive meaning of
2. Elements of Criminal felony, factors affecting the
Liability; stages of its execution,
3. Impossible Crime; elements of criminal
4. Stages of execution; liability, and concept of
5. Conspiracy and special complex crime and
Proposal to commit a complex crime.
crime;
6. Multiple offenses;
7. Continuing Crime; and
8. Special Complex Crime
and complex crime.
III. To demonstrate 1. Justifying 9hrs. Knowing how the
understanding of the circumstances; circumstances
circumstances affecting 2. Exempting enumerated under the
criminal liability circumstances; Revised Penal Code affect
3. Mitigating the criminal liability of an
circumstances; accused.
4. Aggravating
circumstances;
5. Alternative
circumstances; and
6. Absolutory causes.
IV. To identify who are the 1. Principal by Direct 9hrs. Enumerating the persons
persons criminally liable Participation; who are criminally liable
and their degree of 2. Principal by and their degree of
participation inducement; participation.
3. Principal by
Indispensable
Cooperation;
4. Accomplice;
5. Accessory; and
6. P.D. No. 1829 (Decree
Penalizing Obstruction of
Apprehension and
Prosecution of Criminal
Offenders)
V. To illustrate 1. General Principles on 12hrs. Demonstrating
comprehension on the penalties; comprehension on the
principles of penalties 2. Purposes of penalties; principles of penalties and
3. Classification of the application of the
penalties; Indeterminate Sentence
4. Duration and effects of Law.
penalties;
5. Application of
penalties;
6. Indeterminate
Sentence Law (Act No.
4103); and
7. Execution and service
VI. To understand how 1. Prescription of crimes; 6hrs. Learning the effect of
criminal liability is modified 2. Prescription of prescription of crimes and
or extinguished penalties; penalty, pardon, and
3. Pardon by offended amnesty on the criminal
party; liability of the accused.
4. Pardon by the Chief
Executive; and
5. Amnesty

Você também pode gostar