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7/29/2019 2012 SJV Statistical Data &Amp (1)
1/3
2012 BAR EXAMS
1
~ 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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2012 BAR EXAMS
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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
7/29/2019 2012 SJV Statistical Data &Amp (1)
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2012 BAR EXAMS
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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