UNIVERSITY OF SAN CARLOS

SCHOOL OF LAW AND GOVERNANCE

COLLEGE OF LAW

Course No. : LLB 118N

Course Title : CRIMINAL LAW II
Credit : 4 units (4 hours per week)
Prerequisite Course : : Criminal Law 1
Course Professor : Justice Marilyn B. Lagura-Yap
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COURSE DESCRIPTION:

Criminal Law II is a four-unit course. It covers Titles One to Fourteen or

from Articles 114 to 366, Book Two of the Revised Penal Code. The titles of
crimes in Book Two are arranged in the order of their significance, resting on the
premise that in a criminal case, it is the People of the Philippines who are
collectively the plaintiff. Each article provides the elements of the felony and the
proper penalty. An essential description of the course is the integration of
Special Penal Laws that are relevant in the study of the felonies in the Code.

PROGRAM LEVEL LEARNING OUTCOMES1 (PLLO):

Upon completing the law program, Carolinian law graduates will

demonstrate the following program level learning outcomes:

PLLO 1: KNOWLEDGE
 Superior ability to distinguish various crimes in the Revised Penal
Code and offenses under some Special Penal Laws and impose the
correct sentence
 Higher aptitude for learning legal trends in criminal law,
understanding current jurisprudence, and amendments to the
Revised Penal Code and new penal laws
PLLO 2: ETHICS, PROFESSIONAL RESPONSIBILITY, WITNESS TO
THE WORD
 Deeper understanding of the law as a means to punish a wrongdoing
 Strong commitment to defend the innocent
 Enhanced contextual relation of criminal law vis-à-vis Christian
tenets
PLLO 3: THINKING SKILLS
 More than average analytical skills to use legal principles in criminal
law and applicable jurisprudence in identifying crimes
PLLO 4: RESEARCH SKILLS
PLLO 5: COMMUNICATION AND COLLABORATION
PLLO 6: SELF-MANAGEMENT

At the end of the law program, the Carolinian law graduate is expected to
be Witness to the Word and to embody Graduate Attributes such as:

Scientia: A COMPETENT PROFESSIONAL

1
Based in part on ALTC’s Learning and Teaching Academic Standards
Program, December 2010.
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Critical thinker
Lifelong learner
Sound decision- maker
Innovative problem-solver
Effective and articulate communicator

Virtus: A VIRTUOUS EXEMPLAR

Incorruptible servant leader
Ethical and values-driven practitioner

Devotio: A DEDICATED ADVOCATE

Committed peacemaker
Culture- sensitive patriot
Socially- engaged citizen
Faithful steward
Passionate worker for the marginalized

COURSE LEVEL LEARNING OUTCOMES (CLLO)

Upon completion of the course Criminal Law II, the students should be able
to:

CLLO 1: Obtain knowledge of the felonies defined in the Revised Penal

Code and offenses under Special Penal Laws

CLLO 2: Apply concepts on conspiracy, jurisprudence and penal provisions

on current situations

CLLO 3: Improve writing skills in explaining the law

CLLO 4: Participate in case problem solving assigned to groups

Instructional Methods

To provide the students with the opportunity to learn and apply these skills, the
course is taught using a combination of lecture method by the instructor and
invited resource persons and graded recitation where students are asked
questions regarding assigned provisions and also important jurisprudence.

COURSE REQUIREMENTS

Four major examinations, graded recitation, class attendance, Lecture

Series by the Regional Crime Laboratory 7 Experts and the Deputy
Ombudsman for the Visayas.

References

1. Reyes, Luis B. Revised Penal Code, Book Two

2. The Revised Penal Code (Codal)
3. Special Penal Laws

Student Responsibilities
1. To attend class regularly, to report on assigned topics and complete all
assigned readings before coming to class
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2. To inform the instructor beforehand of any reason why they are unable
to attend class or complete an assignment on time.
3. To complete all course requirements by the end of the semester. The
school policy on NC’s or incompletes will be enforced.

Academic Misconduct Policy

All students must practice academic honesty in taking examinations.

Academic misconduct is subject to an academic penalty by the instructor
and/or a disciplinary sanction by the University. All students must be
familiar with the Student Hand Book which is given upon enrolment and
taken up during the orientation.

Students with Disabilities

Students with disabilities who feel they need special arrangements in this
course shall submit a letter from your doctor indicating the existence of
such physical condition and the recommended arrangement, copy to be
furnished to the university physician.

Grading

Final Grades will be based on pre-midterm exam (20%), midterm exam

(20%), pre-final exam (20%), final exam (20%) and graded
recitation/reports (20%). Passing grade is 70%.

Policy on Absences

The student who has incurred 3 consecutive absences must first obtain
approval from the Dean so that he can attend the class.

Course Schedule

Room 401- Mondays from 5:30 to 6:30 PM, Thursdays from 5:30 to 6:30
PM and Saturdays from 1:30 to 2:30 PM

Room 306- Tuesdays from 5:30 to 7:30 PM; Wednesdays from 7:30 to
8:30; Fridays from 5:30 to 6:30 PM

Room 301- Wednesdays from 5:30 to 7:30 PM, Fridays from 6:30 to 8:30
PM

With reservation to conduct of make-up classes.

Examination Schedule

February 13-15, 2019 (Pre-Midterm), March 18-23, 2019 (Mid-term),

April 15-16, 2019 (Pre-Finals) and May 20-25, 2019 (Finals)

IV. TITLES AND ARTICLES

A. TITLE ONE- CRIMES AGAINST NATIONAL SECURITY & THE LAW OF
NATIONS (4 hours)
1. Crimes Against National Security
Section One- Treason and Espionage
Article 114- Article 117
2. Crimes Against the Law of Nations
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Section Two- Provoking War and Disloyalty in Case of War

Article 118- Article 121
FILM SHOWING- JUDGMENT AT NUREMBERG (Optional)

3. Section Three- Piracy and Mutiny on the High Seas or in Philippine

Waters
Article 122- Article 123
4. Read cases of P v. Tulin, et. al., G.R. No. 111709, August 30, 2001;
P v. Catantan, G.R. No. 118075, Sept. 5, 1997; People v. Aranas,
G.R. No. 123101, November 22, 2000
SPECIAL PENAL LAW- PD 532 issued to punish piracy committed in
Philippine Waters
SPECIAL PENAL LAW- R.A. 6235 (An Act Prohibiting Certain Acts
Inimical to Civil Aviation)
FILM SHOWING- CAPTAIN PHILIPS (Optional)

B. TITLE TWO- CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE

STATE (4 hours)
1. Section 1 (Right to Due Process of Law); Section 6 (Right of Abode);
Section 2 (Right of Privacy); Section 4 (Freedom of Speech); Section 5
(Freedom of Religion), Article III, 1987 Constitution
2. Chapter One- Arbitrary Detention or Expulsion, Violation of Dwelling,
Prohibition, Interruption, and Dissolution of Peaceful Meetings and Crimes
Against Religious Worship
Section One- Arbitrary Detention & Expulsion
Article 124- Article 127
3. READ: US v. Santos, 36 Phil 853;
 People v. Ancheta, 68 Phil 415;
 US v. Battalones, et. al., 23 Phil 46;
 US v. Hachaw, 21 Phil 514;
 US v. Sanchez, 27 Phil 442;
 Sayo v. Chief of Police, 80 Phil 859;
 Lino v. Fugoso, 77 Phil 937;
 Astorga v. People, 437 SCRA 152;
 People v. Bringas, 619 SCRA 481;
 Galvante v. Casimiro, 552 SCRA 304;
 Galvante v. Hon. Orlando Casimiro, et. al., G.R. No. 162808,
April 22, 2008;
 People v. Aaron Flores, et. al., G.R. No. 116488, May 31, 2000;
 Ramon Martinez y Goco/Ramon Goco y Martinez @ Mon v.
People, G.R. 198694, February 13, 2013.
4. Section Two- Violation of Domicile
Article 128- Article 130
4. Section Three- Prohibition, interruption, and dissolution of peaceful
meetings
Article 131
READ: Ignacio, et. al. v. Ela; Evangelista v. Earnshaw; People v. Calera &
Cantela, CA, 45 OG 2576
5. Section Four- Crimes Against Religious Worship
Article 132 –Article 133
SPECIAL PENAL LAW- RA 9372 (HUMAN SECURITY ACT OF 2007, 3-6-
07)
Read Southern Hemisphere Engagement Network Inc., et. al. v. Anti-
Terrorism Council, et. al., G.R. Nos. 178552- 57, October 5, 2010 (with
5 consolidated petitions)
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C. TITLE THREE- CRIMES AGAINST PUBLIC ORDER (4 hours)

1. Chapter One- Rebellion, Coup d ‘etat, Sedition, and Disloyalty
Article 134- Article 142
Read Francisco Chavez vs. Raul Gonzales, in his capacity as the
Secretary of the Department of Justice and the National
Telecommunications commission (NTC) GR No. 168338, February 15,
2008)
Read Fortun v. Macapagal-Arroyo, 668 SCRA 504
2. SPECIAL PENAL LAW- R.A. 10591 (AN ACT PROVIDING FOR A
COMPREHENSIVE LAW ON FIREARMS AND AMMUNITIONS AND
PROVIDING PENALTIES FOR VIOLATIONS THEREOF)
3. PD 90, January 6, 1973 (UNLAWFUL RUMOR MONGERING AND
SPREADING FALSE INFORMATION)
3. Chapter Two- Crimes Against Popular Representation
Section One- Crimes Against Legislative Bodies and Similar Bodies
Article 143- Article 144
Section Two- Violation of Parliamentary Immunity
Article 145
4. Chapter Three- Illegal Assembly and Associations
Article 146- Article 147
Subversion was defined first under RA 1700, which was
superseded by RA 1700. EO 167 revived RA 1700 which was (RA
1700) amended by EO 276 (1987). RA 7636 (1992) repealed RA 1700.
At present there is no law punishing subversion.
5. PD 885- Acts punished; subversive associations under Section 2 (Any
association. . . organized for the purpose of overthrowing the government
of the RP or removing allegiance to government or its laws, the territory of
the Phil with the open or covert assistance of foreign power by force or
illegal means.)
6. Chapter Four- Assault Upon, And Resistance and Disobedience To,
Persons in Authority and Their Agents
Article 148- 152
5. Chapter Five- Public Disorders
Article 153- 156
6. Chapter Six- Evasion of Service of Sentence
Article 157- Article 159
7. Chapter Seven- Commission of Another Crime During Service of
Penalty Imposed for Another Previous Offense
Article 160

D. TITLE FOUR- CRIMES AGAINST PUBLIC INTEREST (6 hours)

1. Chapter One- Forgeries
Section One- Forging the seal of the Government of the Philippine
Islands, the signature or stamp of the Chief Executive
Article 161- 162
Section Two- Counterfeiting coins
Article 163- Article 164
Section Three- Forging treasury or bank notes, obligations and
securities; importing and uttering false or forged notes, obligations and
securities
Article 166- Article 169
Section Four- Falsification of legislative, public, commercial, and
private documents, and wireless, telegraph, and telephone messages
Article 170- Article 173
READ: RICHARD CHUA v. PEOPLE, GR NO. 183132, FEB. 8, 2012;
NORMA DELOS REYES VDA. DEL PRADO, ET. AL. v. PEOPLE, GR
NO. 186030, MARCH 21, 2012)
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Section Five- Falsification of medical certificates, certificates of merit

or service and the like
Article 174- Article 175
Section Six- Manufacturing, importing, and possession of instruments
or implements intended for the commission of falsification
Article 176
2. Chapter Two- Other Falsities
Section One- Usurpation of authority, rank, title, and improper use of
names, uniforms, and insignia
Article 177- Article 179
People v. Estrada, et. al., G.R. No. 164368-69, April 2, 2009
Section Two- False Testimony
Article 180- Article 184
Celsa Acuna v. Deputy Ombudsman for Luzon, et. al., G.R. No.
144692, January 31, 2005
3. Chapter Three- Frauds
Section One- Machinations, monopolies, combinations
Article 185- Article 186
The Anti –Trust Law
Section Two- Frauds in commerce and industry
Article 187- Article 189
Repealed by R.A. (Intellectual Property Code)f
“Unfair competition” previously defined in Philippines
jurisprudence in relation with R.A. No. 166 and Articles 188 and
189 of the Revised Penal Code is now covered by Section 168 of
the IP Code. R.A. No. 165 and R.A. 166 and Articles 188 and 189
of the Revised Penal Code have been expressly repealed.
Section 168.3 of the IP Code provides specifics of what unfair
competition is “without in any way limiting the scope of
protection against unfair competition.” Part of these particulars
is provided under Section 168.3 © which provides the general
“catch-all” phrase. . . a person shall be guilty of unfair
competition who shall commit any other act contrary to good
faith of a nature calculated to discredit the goods, business or
services of another.” (Coca- Cola Bottlers, Phils. Vs. Gomez, G.R.
No. 154491, 11/14/2008, Justice Brion)

E. TITLE FIVE- CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED

DRUGS (4 hours)
Article 190- Article 194 now under SPECIAL PENAL LAW- R.A. 9165
(Comprehensive Dangerous Drugs Act)
1. Prosecution for possession of illegal substances (People v. De Los
Santos, 663 SCRA 252)
2. Section 21, R.A. 9165 providing procedure in the seizure and
custody of prohibited drugs (People v. Relato, 663 SCRA 260)
3. Elements of illegal sale of drugs (People v. Arriola, 665 SCRA 581)
4. Objective test (People v. Posada, 667 SCRA 790)
5. Establishing guilt of accused beyond reasonable doubt in cases
involving dangerous drugs (Malillin v. People, 553 SCRA 619)
6. Conviction for illegal sale of dangerous drugs, like ecstasy (People
v. Medenceles, 677 SCRA 161)
7. Non-presentation of forensic chemist in illegal drugs cases (People
v. Fundales, Jr., 680 SCRA 181)
8. Definition of a drug syndicate (People v. Musa, 684 SCRA 622)
9. Elements of illegal possession of equipment, instrument, apparatus
and other paraphernalia for dangerous drugs under Section 12,
Article II, R.A. 9165 (People v. Mariano, 685 SCRA 592)
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10. A person arrested who is found to be positive for use of any

dangerous drug (People v. Dulay, 687 SCRA 663)
11. Re Section 36, Article III, R.A. 9165; mandatory drug testing of
candidates for public office (36g) and persons accused of crimes
unconstitutional (Sec. 36f) while random drug testing for
secondary and tertiary school students (Sec. 36c) as well as
officials and employees of public and private officers (36d) is
concerned, constitutional . (Social Justice Society v. Dangerous
Drugs Board and Philippine Drug Enforcement Agency (PDEA),
November 3, 2008)

F. TITLE SIX- CRIMES AGAINST PUBLIC MORALS

1. Chapter One- Gambling
Article 195-Article 199
RA 9287 (An Act Increasing the Penalties for Illegal Numbers Games
Amending Certain Provisions of PD 1602 and For Other Purposes),
approved on April 2, 2004
2. Chapter Two- Offenses Against Decency and Good Customs
Article 200- Grave Scandal
Article 201-Immoral doctrines, obscene publications and exhibitions and
indecent shows
Joint Resolution and Joint Decision signed on February 28, 2013,
the Ombudsman Conchita Carpio- Morales said there was no
probable cause to hold Cruz and 10 CCP officials criminally liable for
violation Article 201 of the Revised Penal Code
Article 202-Vagrants and Prostitutes
SPECIAL PENAL LAW- RA 10158 (An Act Decriminalizing Vagrancy,
Amending for this Purpose Article 202 of Act No. 3815 as amended,
otherwise known as the Revised Penal Code), signed into law 27
March 2012.

G. TITLE SEVEN- CRIMES COMMITTED BY PUBLIC OFFICERS (6 hours)

1. Chapter One- Preliminary Provisions
Article 203
2. Chapter Two- Malfeasance and Misfeasance in Office
Section One- Dereliction of Duty
Article 204- 209
Section Two- Bribery
Article 210- Article 211-A
SPECIAL PENAL LAW- RA 3019 (Anti-Graft and Corrupt Practices Act as
amended by RA 3047, PD 77 and BP 195)
SPECIAL PENAL LAW- The Anti-Plunder Act
SPECIAL PENAL LAW- RA. 9160 (An Act Defining the Crime of Money
Laundering Providing Penalties Therefore and for Other Purposes)
3. Chapter Three- Frauds and Illegal Exactions and Transactions
Article 213- Article 216
4. Chapter Four- Malversation of Public funds or Property
Article 217- Article 222
1. Elements of malversation of public funds (Icdang v.
Sandiganbayan Second Division ( 664 SCRA 353)
2. Malversation defined; extending loans to municipal officials and
employees, including the accused (Manuel v. Sandiganbayan
Fourth Division (665 SCRA 266)
3. Failure to account upon demand for funds or property held in
trust (Magtira v. People, 667 SCRA 607)
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4. Accountable officer maybe convicted of malversation even in the

absence of direct proof of malversation. (Lagrama v.
Sandiganbayan, 672 SCRA 261)
5. Chapter Five- Infidelity of Public Officers
Section One- Infidelity in the custody of prisoners
Article 223 – Article 225
Section Two- Infidelity in the custody of documents
Article 226- Article 228
Section Three- Revelation of Secrets
Article 229- Article 230
6. Chapter Six- Other Offenses or Irregularities by Public Officers
Section One- Disobedience, refusal of assistance and maltreatment
of prisoners
Article 231- Article 235
Section Two- Anticipation, prolongation and abandonment of the
duties and powers of public office
Article 236- Article 238
Section Three- Usurpation of powers and unlawful appointments
Article 239- Article 244
Section Four- Abuses against chastity
Article 245
7. SPECIAL PENAL LAW- R.A. 7877, Anti-Sexual Harassment Act of
1995
8. LECTURE: THE OFFICE OF THE OMBUDSMAN
H. TITLE EIGHT- CRIMES AGAINST PERSONS (4 hours)
1. Chapter One- Destruction of Life
Section One- Parricide, murder, homicide
Article 246- Article 254
2. SPECIAL PENAL LAW- ILLEGAL POSSESSION OF FIREARMS (RA
8294)
SPECIAL PENAL LAW- ANTI-HAZING ACT (R.A. 8049)
READ: VILLAREAL V. PEOPLE, 664 SCRA 519
Section Two- Infanticide and Abortion
BOOK: The Hand of God, A Journey from Death to Life by the
Abortion Doctor Who Changed his Mind, Bernard N.
Nathanson, M.D., 1996, pp. 59, 101, 127.
Article 255- Article
Section Three- Duel
Article 260- Article 261
3. Chapter Two- Physical Injuries
Article 262- Article 266
4. Chapter Three-Rape
Article 266-A to Article 266-D

I. TITLE NINE- CRIMES AGAINST PERSONAL LIBERTY AND

SECURITY (4 hours)
1. HHChapter One- Crimes Against Liberty
Section One- Illegal detention
Article 267- Article 269
Section Two- Kidnapping of minors
Article 270- Article 271
Section Three- Slavery and Servitude
Article 272- Article 274
2. Chapter Two- Crimes Against Security
Section One- Abandonment of helpless persons and
exploitation of minors
Article 275-Article 279
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Section Two- Trespass to dwelling

Article 280-281
Section Three- Threats and coercion
Article 282- Article 289
3. Chapter Three- Discovery and Revelation of Secrets
Article 290- Article 292
4. SPECIAL PENAL LAW- Anti- Trafficking in Persons Act

J. TITLE TEN- CRIMES AGAINST PROPERTY (6 hours)

1. Chapter One- Robbery in General
Article 293
Section One – Robbery with violence against or intimidation
of persons
Article 294- Article 298
Section Two- Robbery by the use of force upon things
Article 299- Article 305
2. Chapter Two- Brigandage
Article 306- Article 307
3. Chapter Three- Theft
Article 308- Article 311
4. Chapter Four- Usurpation
Article 312-Article 313
5. Chapter Five- Culpable Insolvency
Article 314
6. Chapter Six- Swindling and Other Deceits
Article 315-Article 318
7. SPECIAL PENAL LAW- BP 22 (BOUNCING CHECKS LAW)
8. Chapter Seven- Chattel Mortgage
Article 319
9. Chapter Eight- Arson and Other Crimes Involving Destruction
Article 320- Article 326-B
10. Chapter Nine- Malicious Mischief
Article 327-Article 331
11. Chapter Ten- Exemption from Criminal Liability in Crimes Against
Property
Article 332

K. TITLE ELEVEN- CRIMES AGAINST CHASTITY (4 hours)

1. Chapter One- Adultery and Concubinage
Article 333- Article 334
2. Chapter Two- Rape and Acts of Lasciviousness: Article 335- Article 336
3. READ: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS.
DOMINGO DOMINGUEZ, JR., ALIAS "SANDY," ACCUSED-
APPELLANT, G.R. NO. 180914, NOVEMBER 24, 2010

5. Chapter Three- Seduction, Corruption of Minors and White Slave

Trade Article 337- Article 341
6. Chapter Four- Abduction
Article 342- Article 343
7. Chapter Five- Provisions Relative to the Preceding Chapters of Title
Eleven
Article 344- Article 348

L. TITLE TWELVE- CRIMES AGAINST THE CIVIL STATUS OF PERSONS (2

hours)
1. Chapter One- Simulation of Births and Usurpation of Civil Status
Article 347- Article 348
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2. Chapter Two- Illegal Marriages: Article 349- Article 352

3. CASES: Montanez v. Cipriano, GR No. 181089, October 22, 2012;
Manuel v. People, GR No. 165842, Nov. 29, 2005; People v. Odtuhan, GR
No. 191566, July 17, 2013

M. TITLE THIRTEEN- CRIMES AGAINST HONOR (4 hours)

1. Chapter One- Libel
Section One- Definition, forms and punishment of this crime
Article 353- Article 359
Section Two- General Provisions
Article 360- Article 362
2. Chapter Two- Incriminatory Machinations
3. Article 363- Article 364
4. READ: Disini, Jr. v. Secretary of Justice, 716 SCRA 237 (Cyberlibel); An
Examination of Cyberlibel in the Phil: A Study of the Current State of On
Line Defamation by Kevin Lester K. Lee, Juan Paulo Villonco, Ateneo Law
Journal, Vol. 57, March 2013, No. 4; Wonina Mo. Bonifacio, et. al. v. RTC
of Makati, Branch 149 and Jessie John P. Gimenez, GR. No. 184800, May
5, 2012; Arturo Borjal a.k.a. Art Borjal and Maximo Soliven v. Court of
Appeals and Francisco Wenceslao, GR No. 126466, January 14, 1999

N. TITLE FOURTEEN- QUASI – OFFENSES (4 hours)

1. Sole Chapter
2. Criminal Negligence
3. Article 365- Imprudence and Negligence
4. CASES:
a. Mendoza v. Mutya Soriano and the Minor Julie Ann Soriano, etc.,
GR No. 164012, June 8, 2007
b. Caminos, Jr., v. People, GR No. 147437, May 8, 2009
c. Magno v. People, GR No. 149725, October 23, 2003
d. Jason Ivler v. Hon. Modesto- San Pedro, etc., Ponce, GR No.
172716, Nov. 17, 2010

O. TITLE FIFTEEN – FINAL PROVISIONS

Article 366- Article 367

PRAYER

TO START ANOTHER WEEK OF STRESS & HEAVY WORK LOAD

Lord, for another extension of my life today.

I welcome every blessing, every miracle and every healing that you will shower
me today.
Lord, I surrender my future to You.
I place my entire life into Your hands.
I also surrender my family and friends into Your care, knowing that You love them
more than I can ever love them.
I pray all these with a trusting heart, in Jesus’ name. Amen.
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