UNIVERSITY OF SAN CARLOS

SCHOOL OF LAW AND GOVERNANCE

COLLEGE OF LAW

CRIMINAL LAW 1

BLENDED LEARNING COURSE SYLLABUS

Pepita Jane A. Petralba

“It is important to view knowledge as sort of a semantic tree — make sure you

understand the fundamental principles, i.e. the trunk and big branches, before you get
into the leaves/details or there is nothing for them to hang onto.” Elon Musk

I. PROGRAM LEVEL LEARNING OUTCOMES:

Upon completion of the Juris Doctor program, the graduate is expected to possess
the following:

PLLO 1 – KNOWLEDGE: The Carolinian graduate has acquired a good grasp of the
penal laws and criminal law jurisprudence in the Philippines. His/her mastery of the
subject arms him/her with the knowledge and skill to effectively advocate for those
who seek his/her legal assistance.

PLLO 2 – ETHICS, PROFESSIONAL RESPONSIBILITY, WITNESS TO THE WORD: The

Carolinian graduate has been imbibed with strong ethical values and practices the
law profession with full awareness that, beyond the financial profits it may bring, the
dispensation of criminal justice should seek to heal the victim, the offender and
society in general.

He/She is a real Witness To The Word, embodying the following virtues:

Scientia: He/she is a competent professional, learned in the skills of research and

legal writing, and an effective legal advocate and problem-solver.
Virtus: He/she endeavors to use his/her knowledge to uphold the truth and what is
right.
Devotio: He/she is committed not only to the legal profession but to most of all, to
God and country. He/she espouses peace rather than violence, decency rather than
materialism and fame, and uses his/her professional platform to advance social
justice and equality for all under the law.

PLLO 3 – THINKING SKILLS:

The graduate possesses analytical and critical thinking skills and uses them to arrive
at the just application of criminal laws. He/she knows not only WHAT the law is, but
most importantly, WHY the law is, and that while jurisprudence may not be perfect,
he/she can advocate for its enrichment.

PLLO 4 – RESEARCH SKILLS:

 The graduate is equipped with knowledge and skills in legal research. He/she knows
where and how to find valuable material required for the practice of the profession,
including from traditional and virtual repositories, domestically or internationally.

II. COURSE DESCRIPTION:

Criminal Law 1 is a 3-unit Bar subject that delves into the study of Criminal Law and
Penology, the principles and application of the substantive law, the modes of
committing crimes and incurring criminal liability, the stages of crimes, the
circumstances affecting and modifying criminal liability, the duration and graduation
of penalties, the service of sentence and the extinction of criminal liability.

III. COURSE LEVEL LEARNING OUTCOMES:

CLLO 1 - KNOWLEDGE:

By the end of the semester, the student is expected to learn and understand the
moral and philosophical bases of Criminal Law, the interpretations of and exceptions
to the applications of Criminal Law principles, the mode of committing crimes, the
circumstances affecting criminal liability, the definition, elements and penalties of
crimes, the modes of extinguishing criminal liability, as well as the civil liability that
can arise from the commission of crimes.

CCLO 2 – THINKING SKILLS:

The student is expected to possess the skills necessary to properly analyze decided
and hypothetical cases and determine the arguments and reasoning of the Courts in
the decisions of cases and the laws that were considered in arriving at the decisions.

CCLO 3 – RESEARCH SKILLS:

The student shall have been equipped with research skills required in the course
that are necessary for him/her to pinpoint the applicable law in a given case.

IV. COVERAGE

Laws.

Criminal Law 1 covers Book 1 of the Revised Penal Code (Act 3815, January 1, 1932,
as amended by, among others, RA 10951, August 29, 2017 and RA 11362, August 8,
2019) and its amendments, comprising 113 articles. The Indeterminate Sentence
Law and new Probation Law (RA 10707) are part of the subject coverage, and will be
discussed in relation to the Revised Penal Code’s provisions on the graduation and
execution of penalties.
 Cases.

The landmark cases relevant to this course are listed below, under each topic
wherein they fall. Every now and then, additional cases that further elaborate the
Criminal Law principles may be assigned.

V. METHODOLOGY AND ONLINE TOOLS:

This course adapts flexible learning methods: using both the traditional modes of
delivery and online classroom. The classes may be conducted synchronously or
asynchronously, always taking into consideration the facilities of the members of
the class and the exigencies of the times, without sacrificing the integrity of the
class.

For online classes, the main platform shall be uscph.schoology.com. Instructional

materials, reading assignments and updates shall be delivered mainly using this
platform. Schoology’s Conferences and external apps like Google Meet or Zoom.us
may be used for synchronous discussions; Schoology’s Assessments, Mentimeter,
Google Meet and Zoom.us maybe availed of for assessments; and Google apps,
specifically Google Slides and Google Forms will be used for presentations, keeping
attendance and recording.

The course coverage is divided into and delivered as topical modules. The Module
Outline will be published to the class via uscph.schoology.com weeks in advance
before the scheduled synchronous discussion or conference. It shall contain, among
others, Intended Learning Outcomes, the Learning Content with study guide
questions, the Teaching Learning Activities, and the Resources. Other reading
materials, slides and assignments may be delivered asynchronously.

During the synchronous discussions, the students will be asked to analyze, critique,
make comparative studies and discuss certain articles or cases. Their output may or
may not be graded, provided that the students shall be made aware in advance
whether such is the case.

VI. GRADING SYSTEM:

There shall be three (3) major exams: Pre-Midterms, Midterms and Finals. Each test
shall consist of 100 points and shall carry a 25% weighted average; the other 25%
shall be computed from the credits on the short quizzes, graded recits and
homeworks.

VII. ASSESSMENT TOOLS:

The traditional tools shall consist of graded quizzes, oral recitations and major tests.

The main online tool is uscph.schoology.com, together with all the external apps
that are part or may be incorporated therein, such as Google Apps, Mentimeter,
and others. For major tests, Schoology’s Assessments shall be used together with
either Schoology’s Conferences, Google Meet or Zoom.us for proctoring.
VIII. MODULES:

Module 0 - Orientation Module - Introductions; short orientation on and

familiarization of blended learning tools; Course Syllabus; Course Requirements and
Grading System; University and classroom policies and rules; the Integrity Pledge
the School Calendar and the Welcome Message.

Module 1 - Introduction To Criminal Law

The moral and philosophical bases of Criminal Law
General principles of Criminal Law
i. Territoriality, extraterritoriality, transnational crimes,
Universal jurisdiction and erga omnes crimes, international
jurisdiction
Case: PP v. Tulin, G.R. No. 111709, August 30, 2001 on
extraterritoriality and universal jurisdiction
ii. Generality and exceptions
iii. Prospectivity and exceptions

Sources of Criminal Law

Historical background of the Revised Penal Code
Statutory construction of criminal laws
Crimes and their classifications: grave, less grave, light
Mala in Se from Mala Prohibita - crimes mala in se are inherently
immoral and involve intent to commit a crime. Good faith is a
defense in mala in se crimes, but is not a defense in mala
prohibita crimes, where what is required is merely the intent to
perpetrate the act. Although most crimes punished under
special penal laws are mala prohibita, there are also those that
are mala in se.

Cases: 1. Matalam v. People, G.R. Nos. 221849-50, April 4, 2016

2. Garcia v. CA, G.R. No. 157171, March 14, 2006
3. PP v. Comia, G.R. No. 115156, Dec. 14, 1995

Felonies v. crimes v. infractions

Impossible crime
Modes of committing crimes
- Proximate cause
Cases: 1. Ramos v. C.O.L. Realty, GR 184905, Aug. 28, 2009 
2. Dinamling v. PP, GR 19952, June 22, 2015
3. Gelig v. PP, GR 1731560, July 28, 2010
- Dolo from culpa: kinds of criminal intent
- Praeter intentionem, aberration ictus, error in personae
Cases: 1. Sevilla v. PP, GR 194390, Aug. 13, 2014
2. Serrano v. PP, GR 175023, July 5, 2010
3. Lamera v. CA, GR 93475, June 5, 1991
4. Rivera, et al v. PP, G.R. No. 166326, Jan. 25, 2006
5. Novicio v. PP, GR 163331, Aug. 29, 2008
6. PP v. Pugay, GR 74824, Nov. 17, 1988
 7. PP v. Umawid, GR 208719, June 9, 2014

Module 2 - Stages of commission of crimes

Attempted, frustrated and consummated stages of felonies
When felonies do not have stages or have only 2 stages
Specific criminal intent as an element of certain stages of felonies

Cases: 1. Valenzuela v. PP, 552 Phil 381, June 21, 2007

2. Canceran v. PP, GR 206442, July 1, 2015
3. PP v. Acaac, G.R. No. 142500, April 20, 2001
4. Baleros v. PP, 48 SCRA 10, Feb. 22, 2006
5. Perez v. CA, GR 143838, May 9, 2002
6. Rivera v. PP, GR 166326, Jan. 25, 2006
7. PP v. Gonzalez, GR 139542, June 21, 2001
8. PP v. Labiaga, G.R. No. 202867, July 15, 2013
9. Velasco v. PP, G.R. No. 166479, Feb. 28, 2006

Module 3 – Conspiracy and Proposal

Proposal and crimes involving proposal
Conspiracy: as a crime and as a mode of incurring criminal liability
Requisites of conspiracy
Kinds of conspiracy: their differences and similarities
Cases: 1. PP v. Bangcado, GR 132330, 28 Nov. 2000
2. PP v. Bagano, GR 139531, Jan. 31, 2002
3. PP v. Verceles, GR 130650, Sept. 10, 2002
4. PP v. Compo, GR 112990, May 28, 2001
5. Garcia v. CA, G.R. No. 134730, Sept. 16, 2000
6. PP v. Canturia, GR 108490, June 22, 1995
7. Sim v. CA, GR 159280, May 18, 2004
8. PP v. Maralit and Pasia, G.R. 71142, Sept. 19, 1988
9. PP v. Rafael, GR 123176, October 13, 2000

Module 4 – Modifying circumstances

Justifying circumstances:
i. Self-defense
Cases: 1. PP v. Antonio, GR 144933, July 3, 2002
2. PP v. Rubiso, GR. 128871, March 18, 2003
3 PP v. Lansang, GR 131815, Aug. 14, 2002
ii. defense of relatives
Cases: 1. Carungcong v. PP, G.R. 181409, Feb. 11, 2010
iii. defense of strangers
iv. fulfillment of duty
Cases: 1. Cabanlig v. Sandiganbayan, GR 148431, July 28,
2005
v. avoidance of a greater evil
vi. obedience to a lawful order
Cases: 1. Balunueco v. CA, GR 126968, April 9, 2003
2. Manaban v. CA, GR 150723, July 11, 2006
3. Masipequina v. CA GR 51206, Aug. 25, 1989
 a) Absolutory causes
b) Entrapment from Instigation
Cases: PP v. Casio, GR 211465, Dec. 3, 2014
c) Battered Woman Syndrome
Cases: PP v. Genosa, G.R. No. 135981, Jan. 15, 2004 in rel. to
Sec. 26, RA 9262

Exempting circumstances

Cases: 1. PP v. Rafanan, GR 54135, Nov. 21, 1991

RA 9344 as amended by RA 10360

Mitigating circumstances

Mitigating circumstances: privileged and ordinary

Cases: 1. PP v. Enriquez, 58 Phil 536, GR 37408, Oct. 10, 1933
2. Romera v. PP, G.R. No. 151978, July 14, 2004
3. Lumauig v. PP, GR 166680, July 7, 2014
4. PP v. Basite, GR 150382, Oct. 2, 2003
5. PP v. Tampus and Montesclaros, GR 181084, June 16,
2009

Aggravating and alternative circumstances

Aggravating circumstances: special and ordinary
Cases: 1. PP v. Nabaluna, GR-L 60087, July 7, 1986
2. Mari v. CA, GR 127694, May 31, 2000
3. PP v. Arizobal, GR 135051-52, Dec. 14, 2000
4. PP v. Nasayao, GR 141237, Sept 17, 2002
5. PP v. de la Torre, GR 94831, Jan. 15, 2002
6. PP v. Matibag, GR 206381, March 25, 2015
7. PP v. Perreras, GR 139622, July 31, 2001
8. PP v. de los Reyes, GR-L 44112, October, 22, 1992
9. PP v. Tano, GR 133872, May 5, 2000

Alternative circumstances
- Relationship is not aggravating per se, but alternative
- Relationship as aggravating in crimes against chastity
- Lack of instruction generally mitigating; exceptions
-
Cases: 1. People v. Orilla, GR 148939, Feb. 13, 2004
(relationship)
2. People v. Bondoc, GR L-30557, March 28, 1980
( lack of instruction generally mitigating, except in
Crimes against property and chastity)
3.People v. Fontillas, GR 184177, Dec. 15, 2010
(intoxication)
4. People v. Dawaton, GR 146247, Sept. 17, 2002

Module 5 – Persons criminally liable

Principals – by inducement, by direct participation, by indispensable
Cooperation
 Accomplices
Accessories – kinds of accessories and exempt accessories
Cases: 1. PP v. Agapinay, GR 77776, June 27, 1990
2. PP v. Madali, GR 67803-04, July 30, 1990
3. PP v. Balderama, GR 89597-98, Sept. 17, 1993
4. PP v. Tampus and Montesclaros, GR 181084, June 16,
2009

Module 6 – Penalties: their classification, duration and application

Classes of penalties and their duration
Where penalties are served
What are not penalties
Subsidiary penalty

Cases: 1. PP v. Zacarias, G.R. 138990, Jan. 30, 2002

2. PP v. Tena, GR 100909, Oct. 21, 1992
3. PP v. Latupan, GR 112453-56, June 28, 2001
4. RA 10159, April 10, 2012

Module 7 – Complex crimes

Complex crimes:
i. Special from ordinary
ii. Kinds of ordinary complex crimes
Rules to determine the crime/s to be charged if two or more are
Committed
Continuous crimes
Doctrine of absorption
Single Impulse Doctrine
Cases: 1. PP v. Orias, G.R. No. 186539, June 29, 2010
2. PP v. Nelmida, GR 184500, Sept. 11, 2012
3. Napolis v. CA, GR L-28865, Feb. 28, 1972, cited in -
4. Fransdilla v PP, GR 197562, April 20, 2015
5. PP v. Garcia, GR 141125, Feb. 28, 2002
Single Larceny Doctrine
Cases: 1.Santiago v. Garchitorena, GR 109266, Dec. 2, 1993
Political Offense Doctrine
Cases: 1. Ocampo v. Abando, G.R. No. 190005, Feb. 11, 2014
2. Prosecutor of Zamboanga v. CA, G.R. No. 125796,
Dec. 27, 2000
a) Special complexing
Cases: 1. PP v. Dillatan, G.R. No. 212191, September 5, 2018
2. PP v. Aspili, G.R. Nos. 89418-19. November 21, 1990
3. PP v. Pulusan, G.R. No. 110037. May 21, 1998

Module 8 – Graduation of penalties

Graduation by degree
i. Factors affecting graduation by degree
ii. What degree means when the penalty prescribed
is not in the full range or does not contain 3
periods
 Graduation by period
i. Factors affecting graduation by period
ii. Effect of special aggravating circumstance
iii. Graduation of a complex penalty
ISLaw
i. Getting the maximum range
ii. Getting the minimum range
iii. When ISLaw does not apply
iv. Effect of privileged mitigating circumstance in
getting the maximum and minimum

Cases: 1. PP v. Temporada, GR. 173473, Dec. 17, 2008

2. Hisoler v. De Asis, GR 237337, June 6, 2018 -on how to
graduate penalty with 1 or 2 periods; application of
ISLaw where there is an incremental penalty; whether
to retroact or not RA 10951
3. PP v. Simon, 234 SCRA 555, July 29, 1994
4. Caringal v. PP, GR 197086, Feb. 12, 2014
5. PP v. Cesar, G.R. No. L-26185, March 13, 1968
6. Lumauig v. PP, GR 166680, July 7, 2014
7. Cajigas v. PP, GR 156541, Feb. 23, 2009
8. Gelig v. PP, GR 1731560, July 28, 2010
9. PP v. Judge German Lee, GR 66859, Sept. 12, 1984
10. Reynaldo Mariano v. PP, G. R. No. 178145, July 7,
2014
11. PP v. Medroso, Jan. 31, 1975

Module 9 – Service of sentence

Modes of computing sentence to be served
i. Material accumulation rule
ii. 3-Fold Rule
iii. 40 year cap
Probation Law (RA 10707)
Cases: 1. Colinares v. PP, GR 182748, Dec. 13, 2011
Complex Penalty –
Cases: 1. PP v. Lian, GR 115988, March 29, 1996
Incremental Penalty Rule
Cases: 1. Hisoler v. De Asis, GR 237337, June 6, 2018

Module 10 – Extinction of criminal liability

Modes of total extinction of criminal liability
Modes of partial extinction of criminal liability
Prescription of crime v. prescription of penalty
Pardon by offended party v. presidential pardon
Good Conduct Time Allowance
Cases: 1. PP v. Basalo, GR-L 9892, April 15, 1957
2. PP v. Crisostomo,GR No. L-16945, Aug. 31, 1962 P v.
Reyes, 74226-27, July 27, 1989
3. Recebido v. PP, 141931, Dec. 4, 2000
4. Pangan v. Gatbalite, GR 141718, Jan. 25, 2005
Module 11 – Civil liability ex-delito
Who are civilly liable for felonies?
Civil liability for crimes committed by minors
Civil liability for crimes committed by employees
Civil liability in spite of acquittal of the crime

Cases: 1. Ozoa v. Madula, GR-L 62955, Dec. 22, 1987

2. PP v. Velasco, GR 195668, June 25, 2014
3. Gosiaco v. Ching and Casta, GR 173807, April 16, 2009
4. Rimando v. Aldaba, GR 203583, Oct. 13, 2014
5. Navarra v. PP, GR 203750, June 6, 2016
6. PP v. Tampus and Montesclaros, GR 181084, June 16,
2009