Nội dung text CAMPANILLA - Criminal Law Reviewer Vol. 1 (2020) .pdf
CRIMINAL LAW REVIEWER VOLUME I JUDGE MARLO BERMEJO CAMPANILLA Presiding t'udge 1r t h C aloocan City Metropolitan Trial Court, Branch 83 AUTHOR: The Revised Penal Code, Book One, 2007 Edition; Special Penal Laws, Volumes One to Four; A Handbook on Penalties, 2015 Edition; Dangerous Drugs Law with Annotation, 2017 Edition; Penal System under the Revised Penal Code as amended by RA No. 10951, 2018 Edition; BP Blg. 22 and Estafa through Issuance of Bouncing Check, 2018 Edition; Special Penal Laws 2019 Edition and Politics, Governance and Philippine Constitution. REVIEWER, LECTURER, and PROFESSOR (past and present): Villasis Law Center; Legal Edge Review Center, University of Cebu Law Cenit:er, Academicus Law Center, Magnificus Jurist Review, CPRS Bar Review Cenit;er; Power House Review Center; IBP, National Office; Chan Robles Professicrnal Review Inc.; Internet Bar Reviewer on Criminal Law; Suprema Legis Reviews; Isecure-Philjust Law & Bar Review Center; Lex Review Center; Sed I.ex Provider, Inc., and Center for Global Best Practices, UP Law Center. University of Santo Tomas; University of Asia and the Pacific; University of Cebu — School of Law; De la Salle University; Arellano University; University of Negros — Recoletos; Manuel L. Quezon University; Lyceum University; San Sebas'tian College-Recoletos; University of t h e E ast; University of Manila; Philippine Christian University; New Era University; Bulacan State University; University of San Carlos; Saint Louis University; University of the Cordilleras; Xavier Univer~ityO. Qteneo de Cagayan; UST, Legazpi C'ity; University of Northern PhiliIIrpifie@4niversity of Nueva Caceres; Ateneo De Naga City University; Jose Rizal Memorial State University; University of San Jose-Recoletos, Cebu City; University of Iloilo, Iloilo City; University of Bohol; University of Mindanao; Mindanao State University; Western Mindanao State University; Northeastern College, Santiago City, Isabela; Tarlac State University; Notre Dame University; DVOREF; Cagayan State University; B'icol College, Daraga, Albay; St. Mary's University, Bayombong, Nueva Vizcaya; Pamantasan ng Lungsod ng Maynila; University of Visayas; University of the Philippines. Rtblished & Distributed by REX Book Store 656 Nicanor Reyes, Sr. St. Tel. Nos. 73M567 • 735-1 344 1977 C.M. Recto Avenue Tel. Nos. 735 55-27 • 735.55-34 www.rexpublis hing.cont.ph Manila, Philippines J9JC9B0M
FOREWORD Laws are never petrified. They are dynamic and they do change from time to time in accordance with the needs of the society. This state of fiux is compounded by the ever-moving interpretation of laws by the Highest Tribunal and the constant amendment introduced by our lawmakers to existing statutes. Over the years, few authors dared to craft a compendium on the subject matters concerning criminal law considering the vast expanse it covers and the complexity of its nuances. This is quite unfortunate for criminal law is the ultimate platform tlhat governments utilize to bring about peace, order, and security in the land. The book Criminal Law Reviewer, Volume One by Judge Marlo Bermejo Campanilla is a welcome respite to the meager material we have on criminal law and jurisprudence. Judge Marlo has come a long way from being a typical lawyer to becoming a legal luminary in the field of criminal law. His expertise earned him the distinction of becoming a member of that s.ugust body tasked to introduce amendments and revisions on current criminal laws and procedure by the Supreme Court. His in-depth knowledge and understanding about criminal law and jurisprudence puts him in the ranks of the UP Law Center Panel of Experts that were assigned to give suggested answers to the Bar Examinations of present and that of the previous years. His carefully contrived lectures on criminal law enamored and gained him the respects of bar reviewees nationwide. Like a skillful artist, Judge Marlo went through the labyrinth of old doctrines and new principles, the difficult or doubtful questions of law and the recently promulgated Supreme Court decisions with an incisive analysis presented in a plain and simple manner which makes his book easy to read, understand and retained in our already cluttered memory. Indeed, no law student, bar reviewer, lawyer, prosecutor, or even members of the Bench can do without it. It is an invaluable work of art. ATTY. PEARLITO B. CAMPANILLA 2nd Flr. Overland. Bldg. 245 Banawe, QC Tel. 4159492 J9JC9B0M
ABOUT THE AUTHOR Judge Marlo Campanilla is an accomplished author, lecturer, and reviewer in criminal law and special penal laws. He is now one of the most sought-after regular and pre-week Bar reviewer at the University of the Philippines Law Center in Diliman, Quezon City, University of Santo Tomas, and Arellano University. He is also a regular reviewer at th e V i llasis Law Center, Magni6cus, Jurist Review, Legal Edge Review Center, and Academicus Review Center. His authorship of twelve books in criminal law, special penial laws, and the Constitution stands as a testament to his dedication in the study of the law and hi s devotion to give bar reviewees, practitioners, and students of law an insightful reading companion. His simple and enlightened discourse on complicated criminal law provisions, principles, and cases earned him pr aises for its clarity, incisive dissection, and m a sterful di splay of l o gic and common sense. The Author t a ckles th e l a ws, r u l i ngs, and p r i nciples in accordance with th e 2020 Supreme Court syllabus for th e B ar Examinations on Criminal Law. For t h is, he incorporates in it s discussion the evolution of the leading legal principles in criminal and special penal laws, as cited in actual cases from 1901 to 2019, ten special penal laws recently included in the coverage of the Bar Exam such as the Data Privacy Law and Safe Space Act and all Bar Examination Questions dating from 1946 to 2019. In this l atest edition, Judge Campanilla "r aises the bar" of knowledge in c r i minal l aws b y h i s s i gnature all i m p ort;ant discussions, interpretations and comparative analyses. The book is a surefire guide to understanding one of the most difficult subjects in the Bar Examinations. J9JC9B0M