CLE Criminal Law Review: RPC and Special Penal Laws

CLE Criminal Law Review: RPC and Special Penal Laws

In PRC's current CLE program, Criminal Law and Jurisprudence is one subject worth 20% of your weighted rating, tied for the heaviest. It covers substantive criminal law (this post) and criminal procedure and evidence (see the Criminal Procedure and Evidence review).

The substantive side splits into the Revised Penal Code (RPC) and the special penal laws passed after it. BS Criminology graduates usually feel strong on the RPC. The common gap is the special penal laws, where new laws and amendments keep getting added.

Suggested study split

PRC doesn't publish item counts per topic, so this is our suggested split of your study time, not an official breakdown:

RPC Book 1 — general principles

• Felonies: definition and classification (intentional vs culpable; grave, less grave, light)
• Stages of execution: attempted, frustrated, consummated
• Persons criminally liable: principals, accomplices, accessories
• Conspiracy and proposal to commit a felony
• Justifying circumstances (Art. 11)
• Exempting circumstances (Art. 12)
• Mitigating circumstances (Art. 13)
• Aggravating circumstances (Art. 14)
• Alternative circumstances (Art. 15)
• Penalties: classification, application, the Indeterminate Sentence Law
• Civil liability arising from crime
• Extinction of criminal liability (death, prescription, pardon, amnesty)

Know the article numbers for the major provisions. Questions often cite them.

RPC Book 2 — specific felonies

Crimes against persons:

• Parricide (Art. 246)
• Murder (Art. 248) and its qualifying circumstances
• Homicide (Art. 249)
• Death caused in a tumultuous affray (Art. 251)
• Physical injuries: serious, less serious, slight (Arts. 263–266)
• Rape (Arts. 266-A to 266-D, added by RA 8353; age of consent raised by RA 11648)

Crimes against property:

• Robbery (Arts. 293–302): robbery with violence vs robbery in an inhabited place
• Theft (Art. 308) and qualified theft
• Estafa (Art. 315)
• Arson (PD 1613, as amended)

Crimes against chastity:

• Acts of lasciviousness
• Qualified and simple seduction
• Forcible abduction

Crimes against honor:

• Libel (Art. 353), and how it differs from cyber libel
• Slander (Art. 358)

Crimes against public order:

• Treason (Art. 114)
• Rebellion and insurrection (Art. 134)
• Sedition (Art. 139)
• Direct assault (Art. 148)
• Resistance and disobedience (Art. 151)

Crimes against the fundamental laws of the State:

• Arbitrary detention (Art. 124)
• Delay in the delivery of detained persons (Art. 125)
• Violation of domicile (Art. 128)

For each major felony, know the elements, the penalty range and the qualifying or aggravating circumstances.

Special penal laws

RA 9165 — Comprehensive Dangerous Drugs Act of 2002

• Schedules of dangerous drugs
• Section 5: sale, trading, dispensation
• Section 11: possession (penalties by quantity)
• Section 15: use
• Plea bargaining (Estipona v. Lobrigo, 2017, and later guidelines)
• Buy-bust procedure
• Chain of custody (Section 21, as amended by RA 10640)
• Penalties involving minors

RA 9262 — Anti-Violence Against Women and Their Children Act of 2004

• Physical, sexual, psychological and economic violence
• Protection orders: barangay, temporary, permanent
• Battered woman syndrome
• Penalties

RA 10591 — Comprehensive Firearms and Ammunition Regulation Act

• Licensed vs unlicensed firearms
• "Loose firearm" definition
• Penalties for unlicensed possession
• Carrying outside residence

RA 10175 — Cybercrime Prevention Act of 2012

• Offenses: illegal access, illegal interception, system interference, misuse of devices
• Cyber libel vs RPC libel
• Penalties

Other special laws (lighter depth)

• RA 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act)
• RA 9344 (Juvenile Justice and Welfare Act)
• RA 8049 (Anti-Hazing Act, as amended by RA 11053)
• RA 9208 (Anti-Trafficking in Persons Act, as amended)
• RA 11648 (higher age of sexual consent)
• RA 11313 (Safe Spaces Act)

A 6-week Criminal Law plan

Inside the 16-week CLE review, give substantive criminal law six focused weeks:

Remember the CLE floor: no subject below 60%. Criminal Law and Jurisprudence is one subject, so weak procedure can drag down strong substantive law.

Where Super Tutor fits

A CLE reviewer is coming soon to Super Tutor. If you're also aiming for the PNP, we have a reviewer for the NAPOLCOM PNP Entrance Exam. See every exam Super Tutor covers.

What to read next

The CLE pillar guide covers the full review. Other CLE deep dives: Criminal Procedure and Evidence, Forensic Science, Crime Detection and Investigation.