BJMP Entrance Exam BJMP Knowledge — Philippine Penal Laws OverviewFlash Cards

What is the principal criminal code of the Philippines and when was it enacted?

The Revised Penal Code (RPC), Act No. 3815 of 1930. It is largely based on the Spanish Penal Code and remains the principal criminal code today, though it has been amended many times but never fully replaced.

How are felonies classified under the Revised Penal Code?

Felonies are classified into three categories: (1) Grave felonies - punishable by capital or afflictive penalties, (2) Less grave felonies - punishable by correctional penalties, and (3) Light felonies - punishable by arresto menor or fine.

What are the three stages of execution of a crime?

The three stages are: (1) Consummated - the crime is completed, (2) Frustrated - all acts are done but the desired result is not achieved, and (3) Attempted - execution is commenced but not all acts are done.

What are the four essential elements common to all crimes?

The four essential elements are: (1) Actus reus - the criminal act, (2) Mens rea - criminal intent or required mental state, (3) Concurrence - the act and intent must occur together, and (4) Causation - the act must have caused the harm.

Define parricide and how it differs from murder and homicide.

Parricide is the killing of one's father, mother, child, or spouse. Murder is killing with qualifying circumstances like treachery or evident premeditation. Homicide is unlawful killing without qualifying circumstances. The key difference is the relationship (parricide) or presence of qualifying circumstances (murder).

What are justifying circumstances and give three examples.

Justifying circumstances completely exempt a person from criminal liability because the act is considered lawful. Examples: (1) Self-defense, (2) Defense of relatives, (3) Defense of strangers, (4) State of necessity, (5) Fulfillment of duty, (6) Obedience to lawful order.

What is the difference between mitigating and aggravating circumstances?

Mitigating circumstances reduce the penalty (e.g., voluntary surrender, sufficient provocation, passion and obfuscation). Aggravating circumstances increase the penalty (e.g., recidivism, dwelling, nighttime, taking advantage of public office). Both affect the penalty but not the criminal liability itself.

What is reclusion perpetua and how long is the sentence?

Reclusion perpetua is an afflictive penalty under the Revised Penal Code with a duration of 20 years and 1 day to 40 years. It is one of the most severe penalties in the Philippine penal system, often imposed for serious crimes like murder.

What does R.A. 9165 regulate and what are its key features?

R.A. 9165 is the Comprehensive Dangerous Drugs Act of 2002. It defines dangerous drugs, penalizes possession, sale, manufacture, transport, and importation, establishes PDEA, requires mandatory drug testing for various positions, and imposes heavy penalties including life imprisonment and fines in millions.

Why is R.A. 9745 (Anti-Torture Act) particularly important for BJMP officers?

R.A. 9745 defines and penalizes torture with no exceptions (no 'necessity' defense). It holds both officers who commit torture and their superiors liable. BJMP officers must especially internalize this law since they have custody of detainees and any mistreatment could constitute torture.

What is R.A. 9344 and how does it affect criminal liability of minors?

R.A. 9344 is the Juvenile Justice and Welfare Act of 2006 (amended by R.A. 10630). Children below 15 are exempt from criminal liability. Children 15-18 are liable only if they acted with discernment. It prioritizes diversion programs over detention and establishes Bahay Pag-Asa facilities.

A 17-year-old is caught stealing a cellphone. How would the Juvenile Justice Act apply?

Under R.A. 9344, the 17-year-old would be criminally liable only if he acted with discernment (understanding right from wrong). The case would preferably go through diversion programs rather than formal court proceedings. If detained, he would be placed in Bahay Pag-Asa, not regular jail facilities.

What is the hierarchy of Philippine courts from highest to lowest?

Supreme Court (highest) → Court of Appeals (intermediate appellate) → Regional Trial Courts (general jurisdiction) → Municipal Trial Courts/Metropolitan Trial Courts (minor cases). Specialized courts include Sandiganbayan (anti-graft), Court of Tax Appeals, and Shari'a Courts.

What is bail and when can it be denied?

Bail is the release from custody upon bond to ensure appearance in court. It can be denied for capital offenses where evidence of guilt is strong. The amount is set by the court based on various factors, and can be in the form of cash, surety, property, or recognizance.

What is GCTA and how does it affect sentence computation?

Good Conduct Time Allowance (GCTA) under R.A. 10592 is earned for good behavior and reduces sentence length. It is calculated by the Bureau of Corrections and BJMP. However, it has been subject to controversies and ongoing reform efforts.

Compare robbery and theft under the Revised Penal Code.

Robbery involves taking personal property with violence or intimidation against persons or force upon things. Theft involves taking personal property without violence or intimidation. The key difference is the use of violence/intimidation - robbery is more serious and carries heavier penalties.

What is the Indeterminate Sentence Law and how does it work?

Act No. 4103 allows courts to impose minimum and maximum sentence ranges rather than fixed terms. This enables parole consideration and encourages rehabilitation. It applies to most non-capital offenses and gives offenders incentive for good behavior.

What crimes are covered under 'crimes against chastity' in the RPC?

Crimes against chastity (Title 11) include: Acts of lasciviousness, seduction, adultery and concubinage. Related modern laws include sexual harassment (R.A. 7877) and rape (now under R.A. 8353 - Anti-Rape Law of 1997).

A public official asks for money in exchange for approving a permit. What laws are violated?

This violates R.A. 3019 (Anti-Graft and Corrupt Practices Act) for corrupt solicitation, and possibly R.A. 7080 (Anti-Plunder Act) if the amount is substantial (₱50 million or more). The official may also face administrative charges under R.A. 6713 (Code of Conduct for Public Officials).

What is the current status of the death penalty in the Philippines?

The death penalty has been abolished since 2006, though it continues to be debated. Capital punishment was suspended and all death sentences were commuted. Currently, the highest penalty is reclusion perpetua (20 years and 1 day to 40 years).

What is R.A. 9262 and what types of abuse does it cover?

R.A. 9262 is the Anti-Violence Against Women and Their Children Act of 2004. It defines and penalizes physical, psychological, sexual, and economic abuse. It provides for protection orders and establishes services for victims. This law is crucial for protecting vulnerable family members.

What are alternative circumstances and give examples?

Alternative circumstances can be either mitigating or aggravating depending on the context. Examples include: (1) Relationship - may mitigate (if victim provoked relative) or aggravate (if victim trusted the relative), (2) Intoxication - may mitigate (if not habitual) or aggravate (if deliberate), (3) Education level - may affect moral perception of the act.

What is plea bargaining and when is it commonly used?

Plea bargaining occurs when an accused agrees to plead guilty to a lesser offense in exchange for a reduced sentence, subject to court approval. It is commonly used in drug cases under specific PDEA-DOJ guidelines and helps reduce court caseload while ensuring some level of accountability.

What is the difference between a conditional pardon and an absolute pardon?

A conditional pardon is granted with specific conditions that must be followed; violation can lead to re-imprisonment. An absolute pardon provides total release from sentence and disqualifications with no conditions. Both extinguish the penalty but not necessarily the civil liability to victims.

Why must BJMP officers understand penal laws beyond just custody duties?

BJMP officers encounter the criminal justice system daily - escorting inmates to court, processing commitment papers, understanding why detainees are held. Knowledge of penal laws enables meaningful engagement with detainees, lawyers, courts, and the justice system, distinguishing professional officers from mere custodians.