Letter from a Concerned Bar Examinee

Dear Attorney,

Good day! I am writing to seek your guidance regarding materials and topics to review for the Criminal Law portion of the 2025 Bar Examination in the Philippines. As an aspiring lawyer preparing for the bar, I would like a detailed and comprehensive overview of the principles, doctrines, and jurisprudence under Philippine Criminal Law. This includes substantive law, procedural law, and any recent developments or trends that are likely to appear in the examination.

I would greatly appreciate your insights on what to focus on, including significant case laws, codal provisions, and other relevant study techniques or frameworks that could enhance my preparation. Your expertise would be invaluable in navigating this challenging endeavor.

Thank you, Attorney, for your time and assistance. I am confident that your advice will significantly contribute to my success in the bar exams.

Sincerely,
An Aspiring Lawyer

Comprehensive Criminal Law Overview for Bar Exam 2025

Introduction

Criminal Law is a critical component of the Philippine legal system. As a specialized branch of public law, it regulates the conduct of individuals to maintain peace and order in society. It encompasses substantive law, which defines crimes and their corresponding penalties, and procedural law, which governs the processes for enforcing substantive criminal law. Preparing for this subject in the bar examination requires a thorough understanding of codal provisions, jurisprudence, and the interplay between substantive and procedural rules.

I. Substantive Criminal Law: The Revised Penal Code (RPC)

The Revised Penal Code (Act No. 3815) remains the backbone of Philippine criminal law. It is divided into two main parts: the general provisions and the specific provisions.

A. General Provisions

Criminal Liability
- Principles: Nullum crimen, nulla poena sine lege (no crime or punishment without law).
- Elements of Felonies: Actus reus (the external act), mens rea (criminal intent), and harm.
- Classes of Felonies: Intentional (with dolo) and culpable (with culpa).
Imposable Penalties and Modifying Circumstances
- Classification of Penalties: Reclusion perpetua, prision mayor, fine, etc.
- Rules on Application: Indeterminate Sentence Law (Act No. 4103).
- Modifying Circumstances: Aggravating, mitigating, alternative, and exempting circumstances.
Stages of Execution
- Consummated, frustrated, and attempted felonies, and their corresponding punishments.
Conspiracy and Proposal to Commit a Crime
- Key principles and related case laws, such as People v. Laurio (2014).
Extinction of Criminal Liability
- Prescription of crimes and penalties under Articles 90-92.

B. Specific Provisions

Crimes Against Persons
- Homicide and murder (distinguished by treachery, evident premeditation).
- Infanticide and parricide (People v. Dumon, 2020).
- Physical Injuries and distinctions under Article 263-266.
Crimes Against Property
- Robbery, theft, estafa (fraud), and related jurisprudence.
Crimes Against Chastity and Decency
- Rape and sexual harassment, with updates under RA 8353 (Anti-Rape Law).
Special Penal Laws
- Dangerous Drugs Act (RA 9165).
- Anti-Hazing Law (RA 8049).
- Cybercrime Prevention Act (RA 10175).

II. Procedural Criminal Law: Rules of Criminal Procedure

The Rules of Court, particularly Rules 110 to 127, govern criminal proceedings in the Philippines.

A. Jurisdiction and Venue

Jurisdiction of Courts
- MTCs handle less grave offenses; RTCs handle grave felonies.
- Sandiganbayan and its jurisdiction over public officials (RA 3019).
Venue
- General rule: Crimes are tried where the offense occurred. Exceptions include transitory or continuing offenses.

B. Criminal Prosecution Process

Initiating a Criminal Action
- By complaint or information.
- Role of preliminary investigation (Rule 112).
Arraignment and Plea (Rule 116)
- Nature and purpose of arraignment; doctrines of double jeopardy and speedy trial.
Trial
- Presentation of evidence, burden of proof on prosecution.
Judgment and Execution
- Finality of judgment, remedies like motion for reconsideration or new trial.

C. Special Rules and Doctrines

Probable Cause and Warrants
- Warrantless arrests and seizures under Rules 113 and 126.
- Relevant cases: People v. Salazar (2018).
Bail and Habeas Corpus
- Rule 114 governs bail.
- Doctrine of judicial discretion in granting bail.

III. Jurisprudence and Doctrinal Updates

Bar examinees must stay updated with recent Supreme Court rulings that interpret substantive and procedural criminal law, including cases on:

Cyberlibel under the Cybercrime Law (RA 10175).
Expanded application of self-defense principles.

IV. Study Techniques for Criminal Law

Master the Codal Provisions
- Memorize the key articles of the Revised Penal Code and related laws.
Understand Jurisprudence
- Read case digests to familiarize with the application of legal doctrines.
Utilize Review Materials
- Use bar reviewers, annotated codes, and recent Supreme Court circulars.
Practice Answering Past Bar Questions
- Analyze trends in questions, especially in situational problem-solving.

Conclusion

Preparing for the Criminal Law portion of the bar exam is a rigorous yet rewarding endeavor. By combining a strong foundation in codal provisions, case law, and procedural rules, and by following a disciplined study approach, aspirants can effectively navigate the complexities of this field. Keep abreast of legal updates and emerging jurisprudence, as these may significantly impact the framing of bar examination questions in 2025.

Good luck, and may you achieve success in your bar journey!