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  • 7/29/2019 2012 SJV Statistical Data &Amp (1)

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    2012 BAR EXAMS

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    ~ STATISTICAL DATA OF THE BAR COVERAGE

    FOR CRIMINAL LAW AT A GLANCE ~

    A. ESSAY: BASIS: Lex Pareto 2010: [Essay topics for the past 18

    years {1990-2008}] Percentage of Bar Coverage and Most

    Frequently Asked Topics for essay in order of frequency (Top

    15 for the RPC & Top 10 for the Special Laws)

    I. REVISED PENAL CODE: 80%BOOK I:

    Art. 4 Criminal Liability; Art. 8 Conspiracy & Proposal to Commit a

    Felony: Art. 11 Justifying Circumstances; Art. 48 Complex Crimes; Art.

    13 Mitigating Circumstances: Art. 14 Aggravating Circumstances; Art.

    3 Definitions: Art. 12 Circumstances Exempting Criminal Liability:

    Art. 17 Principals; Art. 2; Application of its Provisions; Art. 89

    Extinguishment of Criminal Liability; Art. 19 Accessories; Art. 6

    Consummated, frustrated, and attempted felony; Art. 36 Pardon; Art.

    90 Prescription; Art. 15 Alternative Circumstances

    BOOK II:

    Art. 248 Murder; Art. 315 Estafa; Art. 294 Robbery with Violence

    against or intimidation of persons; Art. 249 Homicide; Art. 217Malversation of Public Funds or property; Art. 134 & 134A Rebellion

    or Insurrection; Art. 266-A Rape; Art. 308 Theft; Art. 172 Falsification

    by Private Individual and Use of Falsified Documents; Art. 365Imprudence and Negligence; Art. 246 Parricide; Art. 267 Kidnapping

    & Serious Illegal Detention; Art. 247 Death or Physical Injuries

    inflicted under exceptional circumstances; Art. 148 Direct Assault;

    Art. 293 Robbery

    II. SPECIAL LAWS AND OTHER STATUTES: 22%

    R.A. 9165 Comprehensive Dangerous Drugs Act

    R.A. 4103 Indeterminate Sentence Law

    R.A. 3019 Anti-Graft and Corrupt Practices

    R.A. 7610 Child Abuse

    R.A. 8294 Illegal Possession of Firearms

    R.A. 6539 Anti-Carnapping Law

    P.D. 968 Probation Law

    P.D. 1612 Anti-Fencing Law

    P.D. 532 Anti-Piracy and Anti-Highway Robbery Law

    B.P. 22 Bouncing Checks Law

    III. OTHERS: 5%

    *********************************************************************

    B. MCQS: BASIS: 2011 Bar Examination MCQs (100 items)

    TOPIC # OF

    TIMES

    B1: Fundamental Principles 4

    B1: Felonies 8

    B1: Circumstances Affecting Criminal Liability 18

    B1: Persons Criminally Liable 3

    B1: Penalties 1

    B2: Crimes Against National Security 1

    B2: Crimes Against Public Order 2

    B2: Crimes Committed by Public Officers 3

    B2: Crimes Against Persons 4.5

    B2: Crimes Against Personal Liberty & Security 3

    B2: Crimes Against Property 8

    B2: Crimes Against Civil Status 1

    B2: Crimes Against Honor 5

    B2: Criminal Negligence 1

    R.A. 9165 Comprehensive Dangerous Drugs Act 1

    R.A. 9262 Anti-VAWC Act 2

    R.A. 9372 Anti-Torture Act 1

    R.A. 3019 Anti-Graft & Corrupt Practices Act 1

    R.A. 9344 Juvenile Justice & Welfare Act 1

    R.A. 9775 Anti-Child Pornography Act 1

    P.D. 1613 Anti-Arson Law .5

    P.D. 1866 Decree Codifying Unlawful Possession

    of Firearms, etc.

    1

    B.P. 22 Bouncing Checks Law 1

    Doctrines 3

    TOTAL: 75

    BOOK 1:

    C1: Fundamental Principles: IIII - 4

    1. Scope of Application and Characteristics of PhilippineCriminal Law (Generality): I

    2. Territoriality: II3. Effect of Repeal of a Law: I

    C2: Felonies: IIIIIIII - 8

    1. Classification of Felonies: II2. Elements of Criminal Liability: II3. Stages of Execution (attempted): I4. Complex crimes (special complex & compound): II5. Conspiracy and proposal: I

    C3: Circumstances Affecting Criminal Liability: IIIIIIIIIIIIIIIIII - 18

    1. Justifying Circumstances: II2. Alternative Circumstances: I3. Aggravating Circumstances: IIII4. Mitigating Circumstances: IIIIIIIIII5. Exempting Circumstances: I

    C4: Persons Criminally Liable: III - 3

    1. Principals: I2. Accomplice: II

    C5: Penalties: I - 1

    1. Duration and Effect: I - 1BOOK 2:

    C1: Crimes Against National Security: I - 11. Treason (& variations): I

    C2: Crimes Against Public Order: II - 2

    1. Sedition: I2. Rebellion: I

    C7: Crimes Committed by Public Officers: III 3

    1. Malversation of Public Funds: I2. Bribery (& variations): II

    C8: Crimes Against Persons: IIII- 4.5

    1. Murder: I.52. Homicide: I3. Exceptional Circumstances: I4. Rape: I

    C9: Crimes Against Personal Liberty & Security: III - 3

    1. Kidnapping: I2. Unlawful Arrest: I3. Grave Coercion: IC10: Crimes Against Property: IIIIIIII - 81. Robbery (& variations): III2. Swindling: I3. Theft: I4. Estafa: II5. Malicious Mischief: I

    C12: Crimes Against Civil Status: I - 1

    1. Bigamy: IC13: Crimes Against Honor: IIIII - 5

    1. Libel: IIII2. Slander: I

    C14: Criminal Negligence: I - 1

    1. Medical Malpractice: I

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    SPECIAL LAWS & DOCTRINES: IIIIIIIIIII.5 = 12.5

    1. R.A. 9165 CDDA (Entrapment): I2. Doctrine (Nullum crimen nula poena sine lege): I3. R.A. 9262 (Battered Woman Syndrome): II4. R.A. 9372 (Anti-Torture Act): I5. R.A. 3019 (Anti-Graft & Corrupt Practices Act): I6. Doctrine (Motive): II7. P.D. 1613 (Anti-Arson Law): .58.

    P.D. 1866 (Illegal Possession of Firearms): I9. B.P. 22 (Bouncing Checks Law): I

    10. R.A. 9344 (Juvenile Justice & Welfare Act): I11. R.A. 9775 (Anti-Child Pornography Act): I

    *********************************************************************

    C. SUMMARY OF PERTINENT PERIODS IN CRIMINAL LAW:

    CRIMINAL LAW PERIODS

    Period / Years

    PRESCRIPTION OF CRIMES: Article 90, Revised Penal Code

    Crimes punishable by Death, Reclusion

    Perpetua or Reclusion Temporal

    20 years

    Other afflictive penalties 15 years

    Correctional penalties 10 years

    Arresto mayor 5 yearsLibel and similar offenses 1 year

    Oral Defamation or Slander by Deed 6 months

    Light Offenses 2 months

    PRESCRIPTION OF PENALTIES: Article 92, Revised Penal Code

    Death and Reclusion Perpetua 20 years

    Other afflictive penalties 15 years

    Correctional penalties 10 years

    Arresto mayor 5 years

    Light Penalties 1 year

    *********************************************************************

    D. DIAGRAMS OF CERTAIN CRIMES W/COMMON

    ELEMENTS:

    Common element: Use of fire

    What is the purpose? Crime

    Conceal the killing by burning

    the house of the victims

    Two separate crimes of homicide

    and arson

    Means to kill (e.g. house was

    burned to kill the victims

    inside)

    Murder

    But other houses were also

    burned separate crime of arson

    for the other houses burned

    To burn a house but there is

    somebody inside who was

    killed

    Special complex crime of

    destructive arson

    A joke which resulted to death Homicide because the use of fire

    MUST be purposefully resorted

    to in order to kill

    Common element: Use of firearms

    Circumstances: Was it discharged?

    Was there intent to kill?

    Was it licensed?

    Circumstances Specific situation Crime

    FIREARM

    In a public place BUT the

    firearm is NOT pointed to a

    Alarms and

    scandals

    DISCHARGED particular person

    Firearm is pointed to a

    particular person but NO

    intent to kill and the personwas NOT hit

    Illegal

    discharge of

    firearm

    Firearm is pointed to a

    particular person and the

    person was hit and injured

    BUT NO intent to kill

    Physical

    Injuries

    Firearm is pointed to aparticular person and fired

    WITH intent to kill

    Attemptedhomicide or

    murder

    NOT

    DISCHARGED

    and

    POINTED TO

    A PERSON

    Threatening the commission

    of a crime and imposing a

    condition

    Grave threat

    Threat was direct,

    immediate, and serious and

    the person is compelled or

    prevented to do something

    against his will

    Grave coercion

    UNLICENSED

    FIREARM(no license or

    duly licensed

    butunauthorized

    use)

    Mere possession Simple illegal

    possession of

    firearm

    Used to kill a person Homicide or

    murder with

    theaggravating

    circumstance

    of unlicensed

    firearm

    Rebellion, insurrection,

    sedition, or coup was

    committed

    Use of

    unlicensed

    firearm is

    absorbed

    Common element: Victim was taken away

    What is the original intent?

    Circumstances Crime Additional

    circumstance

    s

    Crime

    Deprivation

    of liberty or

    merely detain

    Kidnapping Detention

    lasted more

    than 3 days

    Offenders

    simulated

    public

    authority

    Physical

    injuries were

    inflicted

    Threats to

    kill have been

    made

    Victim is a

    female,

    public officer

    or minorexcept when

    accused is

    any of the

    parents

    Serious

    illegal

    detention

    Original

    intent is to

    rape

    Rape

    (taking of the

    woman will

    be absorbed

    because it is

    incidental to

    or the means

    committed to

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    rape)

    Original

    intent is to

    kidnap and

    the rape wasan

    afterthought

    Composite

    crime of

    Kidnapping

    with rape if both

    crimes are

    consummat

    ed

    if multiplerapes

    only one

    crime of

    kidnapping

    w/rape

    If rape was

    merely

    attempted

    Two separate

    crimes of

    Kidnapping

    andAttempted

    rape

    Original

    intent was to

    take the

    victim away

    WITH lewd

    designs

    Forcible

    abduction

    if rape ismerely

    attempted

    its amanifestati

    on of lewd

    designs

    If rape was

    committed as

    an

    afterthought

    Complex

    crime of

    Forcible

    abduction

    with rape

    ifmultiple

    rapes only

    1 rape shall

    be

    complexed

    w/

    abduction,

    the other

    rapes will

    be treated

    as separate

    crimes

    Common element: Use of Threat

    Crime Wrong threatened Condition

    Grave Threat Crime With or Without

    Light Threat Not Crime With Condition

    Other Light Threat Not Crime Without Condition

    Common element: Use of Intimidation

    Circumstances: Crime

    If immediate but conditional and coupled

    with demand for money or consideration

    Robbery

    Future or conditional Threat

    Direct, immediate, personal, and serious

    enough

    Coercion