bar ops crim law

10
YEARS 1997 1998 1999 1 Difference between malum in se and MalumProhibita Three Cardinal features of Philippine Criminal Law. Mitigating circumstances of voluntary surrender. 2 Criminal Liability under article 4, RPC. Grave Coercion by means of serious threats and intimidation. Art. 286, RPC. Robbery with Homicide when the killing was accidental. 3 Qualifying or aggravating circumstances of Treachery, evident premeditation, Absorption in Rebellion of Common crimes. Distinction between coercion and illegal detention. 4 Conspiracy Distinction between justifying and exempting circumstances.Exempting Distinction between mala in se and mala prohibita. Motive from intent. When 5 Mitigating circumstance of voluntary surrender and plea of guilty. Coup d’ etat Art. 134-A, RPC. Absorption of unlicensed firearm in Coup d’ etat. Murder- Definition and elements. 6 Appreciation of Mitigating circumstances in Reclusion Perpetua Art. 63 par. 3. Carnapping with Homicide under Sec. 14 of Rep. Act No. 6539. Aberratio ictus: error in personae and praeterintentionem. 7 Lowering of one degree of penalty in Complex crime under art. 48, RPC Rape with Homicide and Theft. Accessories under Art. 19 of the RPC. Public Officer- Definition. 8 Imposition of proper penalty in Complex crime under Art.48 of RPC with aggravating and Doctrine of implied conspiracy. Distinction between Recidivism and Quasi- Application of Indterminate Sentence Law in Special Laws. 9 Application of Probation Law in multiple prison terms. Sale of Prohibited Drugs. Four (4) kinds of aggravating circumstances. Distinction between 10 Heinous Crimes/Imposition of Death penalty. Evasion of Service of Sentence in Penalty of Destierro. Requisites of mitigating circumstance of plea of guilty. 11 Infidelity in the custody of prisoners. Art. 223 RPC. Subsidiary Liability of employers in Criminal Negligence. Malversation of Public funds- elements. Distinction between malversation and estafa. 12 Prescription of Crime. Estafa by misrepresentation. Art. 316 Par. 2. Applicability of Indeterminate Sentence Law. 13 Estafa through falsification of commercial document. Exceptions to the imposition of Death Penalty. Plea Bargaining in importation of Prohibited Drugs. Distinction between forgery and falsification.

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Page 1: Bar Ops Crim Law

YEARS 1997 1998 1999

1

Difference between malum in se

and MalumProhibita

Three Cardinal features of

Philippine Criminal Law.

Mitigating circumstances of

voluntary surrender.

2

Criminal Liability under article 4,

RPC.

Grave Coercion by means of

serious threats and

intimidation. Art. 286, RPC.

Robbery with Homicide

when the killing was

accidental.

3

Qualifying or aggravating

circumstances of Treachery,

evident premeditation,

Absorption in Rebellion of

Common crimes.

Distinction between

coercion and illegal

detention.

4

Conspiracy Distinction between justifying

and exempting

circumstances.Exempting

Distinction between mala in

se and mala prohibita.

Motive from intent. When

5

Mitigating circumstance of

voluntary surrender and plea of

guilty.

Coup d’ etat Art. 134-A, RPC.

Absorption of unlicensed

firearm in Coup d’ etat.

Murder- Definition and

elements.

6

Appreciation of Mitigating

circumstances in Reclusion

Perpetua Art. 63 par. 3.

Carnapping with Homicide

under Sec. 14 of Rep. Act No.

6539.

Aberratio ictus: error in

personae and

praeterintentionem.

7

Lowering of one degree of

penalty in Complex crime under

art. 48, RPC

Rape with Homicide and Theft.

Accessories under Art. 19 of

the RPC.

Public Officer- Definition.

8

Imposition of proper penalty in

Complex crime under Art.48 of

RPC with aggravating and

Doctrine of implied

conspiracy. Distinction

between Recidivism and Quasi-

Application of Indterminate

Sentence Law in Special

Laws.

9

Application of Probation Law in

multiple prison terms.

Sale of Prohibited Drugs. Four (4) kinds of

aggravating circumstances.

Distinction between

10

Heinous Crimes/Imposition of

Death penalty.

Evasion of Service of Sentence

in Penalty of Destierro.

Requisites of mitigating

circumstance of plea of

guilty.

11

Infidelity in the custody of

prisoners. Art. 223 RPC.

Subsidiary Liability of

employers in Criminal

Negligence.

Malversation of Public

funds- elements. Distinction

between malversation and

estafa.

12

Prescription of Crime. Estafa by misrepresentation.

Art. 316 Par. 2.

Applicability of

Indeterminate Sentence

Law.

13

Estafa through falsification of

commercial document.

Exceptions to the imposition

of Death Penalty. Plea

Bargaining in importation of

Prohibited Drugs.

Distinction between forgery

and falsification.

Page 2: Bar Ops Crim Law

14

Perjury/Subordination of

Perjury.

Impossible Crime Estafa

15

Kidnapping and serious illegal

detention Art. 267 RPC.

Unlawful Aggression in Self-

Defense.

Complex Crime Art. 48 RPC.

16

Indirect Bribery Art. 211 RPC. Conspiracy Parricide- Elements and

definition.

17

Murder under 248 par. 3 RPC

and Multiple Parricide.

Theft Robbery with Rape with

attendance of Conspiracy.

18

Death caused in a Tumultuous

Affray Article 251 of the RPC.

Special Complex Crime of

Robbery with Homicide.

19 Separate crimes of Robbery and

Rape, applicability.

Theft

20

Anti- Graft and Corrupt Practices

Act, Section 3 Par. E.

DWELLING

NOCTURNITY

Page 3: Bar Ops Crim Law

2000 2001 2002

JURISDICTION- SEC 2 ART 4 – PRAETER INTENTIONEM SERIOUS PHYSICAL

INJURY

ART 11- JUSTIFYING

CIRCUSTANCES- SELF DEFENSE

ART 13 – MITIGATING NO INTEN

TO COMMIT SO GRAVE A

WRONG

PRINCIPAL BY

INDUCEMENT

CLASSIFICATION WHETHER

CONSUMMATED, FRUSTRATED,

ATTEMPTED

RECIDIVISM/HABITUAL

DELINQUENCY

INDETERMINATE

SENTENCE LAW

ART 12- EXEMPTING

CIRCUMSTANCES- MINORITY

MALVERSATION PROBATION

EXTINGUISHMENT OF CRIMINAL

LIABILITY

MALVERSATION/ESTAFA QUALIFIED THEFT

ART 11- FULFILLMENT OF DUTY/

QUALIFYING AGGRAVATING

MURDER/ SERIOS PHYSICAL

INJURY

VIOLATION OF

DOMICILE

PERIOD OF PRESCRIPTION – ART

91

RECLUSION PERPETUA

COMPARED TO LIFE

IMPRISONMENT

TRESPASS TO

DWELLING

PERSONS IN AUTHORITY/ DIRECT

ASSAULT

DIRECT ASSAULT

CIVIL LIABILITY IN CRIMINAL

OFFENSE

MALA IN SE / MALA PROHIBITA RAPE- ANTI RAPE LAW

RAPED WITH ILLEGAL DETENTION

OR CAN IT BE COMPLEX

HIGH WAY ROBBERY /

PRINCIPAL- ACCOMPLICE

CONSENTE ABDUCTION

ROBBERY THEFT-FINDER ADULTERY

PUBLIC OFFICER ( Anti Graft and

Corrupt Practice Act )

BRIBERY / CORRUPTION OF

PUBLIC OFFICER

CONCUBINAGE

ILLEGAL POSSESSION OF FIRE

ARMS/ DANGEROUS DRUGS ACT

CORPUS DELICTI SIMULATION OF BIRTH

Page 4: Bar Ops Crim Law

ATTEMPTED MURDER WITH

HOMICIDE/ MITIGATING

CIRCUMSTANCES

ANTI GRAFT AND CORRUPT

PRACTICE ACT

Estafa

HIGHWAY ROBBERY COMPARED

TO ROBBERY

ART 247 – EXCEPTIONAL

CIRCUMSANCE- DESTIERRO

BP 22

MALA PROHIBITA / ESTAFA THRU

FALSIFICATION OF DOCUMENTS

ROBBERY ROBBERY

IMPOSSIBLE CRIME DIRECT ASSAULT KIDNAPPING

CORPUS DELICTI PRESCRIPTION FAILURE TO RETURN A

MINOR

LIBEL

HAZING

COUP- D’ETAT

DANGEROUS DRUGS

ACT

DWELLING

NOCTURNITY

Page 5: Bar Ops Crim Law

2003 2004 2005 2006

MALA IN SE Illegal Recruitment

involving economic

sabotage.

Distinction between complex

crime under Art. 48 of RPC,

Special Complex crime and

delitocontinuado.

Instances where proof of

motive is not essential for

the conviction of the

Accused.MALA PROHIBITA Voluntary release as

defense in Slight illegal

detention.

Reclusion perpetua as divisible or

indivisible penalty

Instances where use of Alias

may be made legally.

CRIMINAL LIABILITY Criminal Liability

under Article 4 of the

RPC.

Distinction between pecuniary

liabilities.

Situations where entry to

another person’s dwelling

will not result to estafa.

EXPRESS CONSPIRACY Plea bargaining in

Comprehensive

Dangerous Act of

Coup d’ etat and rape in their

frustrated stage.

Three ways of committing

Arbitrary detention/ Legal

grounds for detention.ROBBERY WITH

HOMICIDE

Lawful self-defense vis

a vis avoidance of

greater evil or injury.

Distinction between

malumprohibita and malum in

se.

Kinds of lawful warrantless

arrest.

IMPLIED CONSPIRACY Qualification for

Probation.

Criminal Liability under Art. 4 of

the Revised Penal Code.

Difference between pardon

and amnesty under

Presidential Proclamation PARRICIDE Prescription of Crime. Concept of Juridical Possession

under the crime of estafa.

Instances where suspended

sentence may be made.

ATTEMPTED HOMICIDE Effect of grant of

pardon with accessory

penalties.

Application of indeterminate

sentence law.

Liability for Malversation of

Public Funds in case of

resignation.ENTRAPMENT Death Penalty

exemption.

Suspension of Public Officials

pendent lite.

INSTIGATION Bigamy Alternative penalty of fine and

imprisonment.

Qualified Piracy under Article

123.

SUSPENSION OF

SENTENCCE

Simple Arson under PD

1613.

Penalty for Multiple rape. Indirect Bribery under Art.

211 of the Revised Penal

Code.

MINORITY Qualified Rape, Proof

of age of Victim.

Period of probation. Unjust vexation vs. Acts of

Lasciviousness.

ROBBERY WITH

HOMICIDE

Effect of death in

criminal and civil

liability of the accused.

Estafa under Article 315 (2) Kidnapping with Homicide

Page 6: Bar Ops Crim Law

Complex Crime Art. 48

RPC.

Impossible Crime Special Complex crime of

Kidnapping with Homicide.

Criminal liability of a Deputy

Ombudsman

SPECIAL COMPLEX

CRIME

Unlicensed Firearm as

Aggravating

Circumstance for

murder and homicide.

Use of Dangerous Drug as

Qualifying aggravating

circumstance.

Rape with Homicide.

COMPLEX CRIME OF

COUP D’ETAT WITH

REBELLION

Relationship as an

exempting cause for

accessories.

Conspiracy vis a vis Accomplice. Award of Damages in

criminal action for Homicide.

COMPLEX CRIME OF

COUP D’ETAT WITH

SEDITION

Child Abuse under RA

7610.

Death under exceptional

circumstance under Article 247

of the RPC.

Qualified Theft under PD

705.

LIBEL / SLADER Robbery with Rape as

a Special Complex

crime.

Malversation by abandonment. Criminal Liability of

Protector/Coddler under RA

9165.

BP 22 Distinction between:

Rebellion and Coup d

Direct Bribery. Violation of RA 7610 on Child

Abuse and exploitation.INDETERMINATE

SENTENCE LAW

Homicide and child abuse

violation of RA 7610.

PROBATION Violation of Money Laundering

Act.

ANTI GRAFT AND

CORRUPT PRACTICE

ACT

Plea Bargaining under RA 9165.

Perjury and Concubinage.

Crime of Libel

DWELLING

NOCTURNITY

Page 7: Bar Ops Crim Law

2007 2008 2009 2010

Penalties that May be

served simultaneously.

Writ of Amparovis a visextra

legal killing.

RECIDIVIST INDETERMINATE

SENTENCE LAW

Penalties for Visitor under

RA 9165.

Human rights violation as a

crime.

AMNESTY QUALIFIED BRIBERY

Robbery with Homicide.

Homicide.

Justifying circumstances of

accident.

DIRECT ASSAULT DIRECT BRIBERY

Homicide Committed

under exceptional

circumstances under

Reckless imprudence

resulting to homicide.

IMPOSSIBLE

CRIME

HEINOUS CRIMES

Distinction between

accomplice and

conspirator.

Accomplice and accessories. LESS SERIOUS

PHYSICAL INJURY

FENCING

Kinds of offenders in

qualified seduction.

Theft. ACCOMPLICE FREEZE ORDER

Different acts of inciting

to sedition.

Bigamy. PRESCRIPTIVE

PERIOD

UNJUST VEXATION

Criminal Liability under

Art. 4 of the RPC.

Qualified Piracy. INDIRECT BRIBERY BP 22

Estafa thru Falsification of

Public document.

ROBBERY WITH

HOMICIDE

GRAFT AND CORRUPT

PRACTICE ACT

Simple imprudence

resulting to slight physical

injuries.

Assistance to commit

suicide.

DIRECT ASSAULT TUMULTOUS AFFRAY

Light Coercion under Art.

287 of RPC.

Estafa by mis

Representation.

KIDNAPPING LIBEL

Forgery. SERIOUS/LESS

SERIOUS ILLEGA

DETENTION

MONEY LAUNDERING

Criminal Intent. GRAVE COERCION DOCTRINE OF PRO

REO

Page 8: Bar Ops Crim Law

Robbery as Distinguished

from theft.

DELIVERY OF

PRISONER FROM

JAIL

INSANITY AS DEFENSE

AGAINST MURDER

Estafa with abuse of

confidence.

CORRUPTION OF

PUBLIC OFFICIALS

QUALIFIED THEFT

Complex crime under article

48 of the RPC.

EVASION OF

SERVICE OF

SENTENCE

CONCUBINAGE

DIRECT BRIBERY SYNDICATED ESTAFA

LIFE

IMPRISONMENT

PRESCRIPTION

VOLUNTARY

SURRENDER

SIMPLE THEFT

FENCING BATTERED WOMAN

SYNDROME

LIBEL

INDETERMINATE

SENTENCE LAW –

APPLICATION

DELITO

CONTINUADO

CHAIN OF

CUSTODY IN DRUG

OFFENSES

INTERVENTION

DIVERSION

MALVERSATION

THROUGH

FALSIFICATION

RAPE WITH

HOMICIDE

THEFT

UNLAWFUL

POSSESSION OF

PICKLOCKS

DWELLING

NOCTURNITY

Page 9: Bar Ops Crim Law

2012

BIGAMY

PRIVILEGED

MITIGATING

CIRCUMSTANCES

ORDINARY

MITIGATING

CIRCUMSTANCES

THEFT

HIGHWAY ROBBERY

ACCOMPLICE

CONSPIRATOR

INDETERMINATE

SENTENCE LAW

BRIGANDS

ROBBERY IN BAND

HABITUAL

DELINQUENT

RECIDIVISM

CONSPIRATOR

Page 10: Bar Ops Crim Law

REBELLION

HOMICIDE

RECKLESS

IMPRUDENCE