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Revised Penal Code of The Philippines: Historical Background

The document discusses the Revised Penal Code of the Philippines, the country's main criminal code. It was enacted in 1930 and remains in effect today, though it has been amended. It outlines the code's historical background, key features, penalties, and amendments over time.

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0% found this document useful (0 votes)
104 views18 pages

Revised Penal Code of The Philippines: Historical Background

The document discusses the Revised Penal Code of the Philippines, the country's main criminal code. It was enacted in 1930 and remains in effect today, though it has been amended. It outlines the code's historical background, key features, penalties, and amendments over time.

Uploaded by

Deeu Lood
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Revised Penal Code of the Philippines - Wikipedia

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Revised Penal Code of the Philippines


From Wikipedia, the free encyclopedia
Main page
Contents The Revised Penal Code contains the general penal laws of the Philippines. First enacted in 1930, it remains in effect today, despite several amendments thereto. It
Revised Penal Code of the
Featured content does not comprise a comprehensive compendium of all Philippine penal laws. The Revised Penal Code itself was enacted as Act No. 3815, and some Philippine
Philippines
Current events criminal laws have been enacted outside of the Revised Penal Code as separate Republic Acts.
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Wikipedia store
1 Historical background

Interaction
2 Features
3 Penalties
Help
3.1 Length of incarceration
About Wikipedia
4 List
Community portal
Recent changes
4.1 Other penalties
Contact page 5 Amendments
6 See also
Tools 7 References
What links here 8 External links
Related changes
Upload file
Special pages Historical background [edit]
Permanent link
Page information The Revised Penal Code supplanted the Spanish Código Penal, which was in force in the Philippines (then a colony of the Spanish Empire up to 1898) from 1886 to
Wikidata item 1930, after a failed attempt in to be implented in 1877. The new Code was drafted by a committee created in 1927, and headed by Judge Anacleto Díaz, who would
Cite this page never it later serve on the Supreme Court. Rather than engage in a wholesale codification of all penal laws in the Philippines, the committee instead revised the old
Penal Code and included all other penal laws only insofar as they related to the Penal Code.
Print/export Philippine Legislature

Features
Create a book An Act Revising the Penal Code and other
[edit]
Download as PDF Penal Laws
Printable version The Revised Penal Code criminalizes a whole class of acts that are generally accepted as criminal, such as the taking of a life whether through murder or homicide, Citation Act No. 3815
rape, robbery and theft, and treason. The Code also penalizes other acts which are considered criminal in the Philippines, such as adultery, concubinage, and Territorial Philippines
Languages
abortion. It expressly defines the elements that each crime comprises, and the existence of all these elements have to be proven beyond reasonable doubt in order to extent
Add links
secure conviction. Enacted Governor-General of the Philippines
by with the advice and consent of the
Not all crimes in the Philippines are penalized under the Code; certain crimes, such as the illegal possession of firearms, are penalized under special legislation Philippine Legislature
contained in Republic Acts. The most notable crimes now excluded from the Revised Penal Code are those concerning illegal drug use or trafficking, which are Date December 8, 1930
penalized instead under the Dangerous Drugs Act of 1972 and later the Comprehensive Dangerous Drugs Act of 2002.[1][2] enacted

One distinct aspect of the Revised Penal Code centers on its classification of aggravating, exempting and mitigating circumstances, the appreciation of which affects Date December 8, 1930
signed
the graduation of penalties. Penalties under the Revised Penal Code are generally divided into three periods – the minimum period, the medium period, and the
Amends
maximum period. In addition to establishing the elements of the crime, the prosecution may also establish the presence of aggravating circumstances in order to set
the penalty at the maximum period, or mitigating circumstances to reduce the penalty to its minimum period. The presence of both aggravating and mitigating Presidential Decree No. 1602 (Gambling)
Presidential Decree No. 1613 (Arson)
circumstance, or the absence of such circumstances, may result in the imposition of the penalty in its medium period.[3]
Presidential Decree No. 1744 (Arson)
Several provisions of the Revised Penal Code have also been amended through Republic Acts. One of the more consequential amendments came in 1997, with the Keywords
passage of Republic Act No. 8353, the Anti-Rape Law of 1997.[4] Prior to the 1997 amendments, rape had been classified as a crime against chastity and was defined Criminal law
as "having carnal knowledge of a woman" under enumerated circumstances that indicated lack of consent.[3] Under the amendments, rape was reclassified as a crime Status: Amended
against persons. The definition was further expanded from mere "carnal knowledge of a woman" and now included "an act of sexual assault by inserting his penis into
other person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person." Additional circumstances by which the victim would be deemed incapable of giving valid consent
were also integrated into this new definition of rape.[4]

With the abolition of the death penalty in 2006, the highest penalty currently possible under the Revised Penal Code is reclusion perpetua, which ranges from 20 years and 1 day to 40 years' imprisonment.[3][5][6]
The penalty of life imprisonment is not provided for in the Revised Penal Code, although it is imposed by other penal statutes such as the Comprehensive Dangerous Drugs Act.[2]

Penalties [edit]

All penalties relating to death are commuted to reclusion perpetua.

Length of incarceration [edit]

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Up to 6 years
Up to 40 years

Entire Maximum
Name Type Minimum length Medium length Accessory penalties
length length
Perpetual absolute disqualification and that of civil interdiction during thirty years following the date of
Death Capital Not applied; commuted to reclusion perpetua.
sentence
Reclusión
20 years and 1 day to 40 years[7]
perpetua
Civil interdiction for life or during the period of the sentence as the case may be, and perpetual
12 years and 12 years and one 14 years and 8 17 years and 4
Reclusión absolute disqualification
one day to day to 14 years months to 17 years months to 20
temporal Afflictive
20 years and 8 months and 4 months years

6 years and If disqualification is imposed, 12 years and 1 day


Prisión 6 years and 1 day 8 years and 1 day to 10 years and 1
one day to Temporary absolute disqualification and that of perpetual special disqualification from the right of
mayor to 8 years 10 years day to 12 years
12 years suffrage
Suspension from public office, from the right to follow a profession or calling, and that of perpetual
Prisión
special disqualification from the right of suffrage, if the duration of said imprisonment shall exceed
correccional
6 months 6 months and 1 2 years, 4 months 4 years, 2 eighteen months.
Suspension and one day day to 2 years and and 1 day to 4 years months and 1 If suspension is imposed, 6 years
to 6 years 4 months and 2 months day to 6 years Any person sentenced to destierro shall not be permitted to enter the place or places designated in the
Correctional
Destierro sentence, nor within the radius therein specified, which shall be not more than 250 and not less than 25
kilometers from the place designated.
1 month and 4 months and 1
Arresto 1 month to 2 2 months and 1 day
1 day to 6 day to 6
mayor months to 4 months
months months Suspension of the right to hold office and the right of suffrage during the term of the sentence
Arresto 1 day to 30 21 days to 30
Light 1 day to 10 days 11 days to 20 days
menor days days

Public censure (also a light penalty)


Fines (also an affilictive penalty)

List [edit]

Fine is Arresto menor Arresto mayor Prisión correccional Prisión mayor Reclusión temporal
Aggravating,
not more
exempting and Public Suspension or Reclusión
Crime than Death
mitigating censure disqualification Min Med Max Min Med Max Min Med Max Min Med Max Min Med Max perpetua
(unless
circumstances
specified)
Treason ₱4,000,000 Yes
Consipracy to commit treason ₱2,000,000 Yes

Proposal to commit treason ₱1,000,000 Yes

If a public officer Yes


Espionage
All other cases Yes

Inciting to war or If a public officer Yes


giving motives for If a private
Yes
reprisals individual

Violation of neutrality Yes


If prohibited by the
Yes
government
If correspondence
was carried on in
Yes
ciphers or
conventional signs
Correspondence
If information given
with hostile
might be useful to Yes
country
the enemy

If information given
might be useful to
the enemy, and Yes

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offender intended to
aid the enemy

Flight to enemy country Yes

Piracy in general and mutiny on the high


Yes
seas

Qualified piracy Yes


Detention has not
Yes
exceeded three days
Detention is more
than three days, but Yes
less than 15 days
Arbitrary
Detention is more
detention
than 15 days, but Yes
less than six months
Detention has
exceeded more than Yes
six months

Delay in the delivery of detained persons


to the proper judicial authorities. Same as above penalties for arbitrary detention.
Delaying release

Expulsion Yes
If committed at
night-time, or if any
papers or effects not
constituting
Violation of evidence of a crime Yes
domicile be not returned
immediately after
the search made by
the offender
All other cases Yes

Search warrants maliciously obtained


and abuse in the service of those legally ₱200,000 Yes
obtained

Searching domicile without witnesses Yes


Prohibition, interruption and dissolution
Yes
of peaceful meetings

If committed with
Interruption of Yes
violence or threats
religious worship
All other cases Yes

Offending the religious feelings Yes


Offender promotes,
₱20,000 Yes
maintains, or heads
Rebellion or Offender merely
insurrection participating or
Yes
executing the
commands of others

Offender leads or in
any manner directs Yes
or commands others

If a public officer
participates, or
executes directions Yes
or commands of
Coup d'etat
others
If not a public
officer, and
participates, or
Yes
executes directions
or commands of
others

Conspiracy and proposal to commit coup


₱1,000,000 Yes
d'etat'

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Conspiracy and proposal to commit
₱1,000,000 Yes
rebellion'

Conspiracy and proposal to commit


₱400,000 Yes
insurrection'

Disloyalty of public officers or


Yes
employees

Inciting a rebellion or insurrection Yes

If leader ₱2,000,000 Yes


Sedition
Other participants ₱1,000,000 Yes

Conspiracy to commit sedition ₱400,000 Yes

Inciting to sedition ₱400,000 Yes

Act tending to prevent the meeting of the ₱40,000 to


Yes
Assembly and similar bodies ₱400,000
Disturbance of proceedings ₱200,000 Yes
Violation of parliamentary immunity Yes

If leader Yes

Illegal assemblies If present Yes


If present, and armed Yes

If founders,
Illegal directors, and ₱200,000 Yes
associations presidents
If members Yes
If assault is
committed with a
₱200,000 Yes
Direct assaults weapon, or against a
person of authority

All other cases ₱100,000 Yes

Indirect assaults ₱100,000 Yes


₱40,000 to
Disobedience to summons Yes
₱200,000

Resistance and Resist or seriously


₱100,000 Yes
disobedience to a disobey
person in Not of a serious ₱2,000 to
Yes
authority nature ₱20,000
If serious
₱200,000 Yes
disturbance
If serious
disturbance is of Yes
tumultuous character
If offender make any
Tumultuous
outcry tending to
disturbance or
incite rebellion or
interruption liable Yes
sedition or in such
to cause
place shall display
disturbance
placards or emblems
If offender buries
with pomp the body
of a person who has ₱40,000 Yes
been legally
executed

Unlawful use of means of publication ₱40,000 to


Yes
and unlawful utterances ₱200,000

Alarms and scandals ₱40,000 Yes


If offender removes
from any jail or
penal establishment
any person confined
Delivery of therein or shall help
Yes
prisoners from the escape of such
jails person, by means of
violence,
intimidation, or

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bribery

If by other means Yes


If convict escaped Yes

If convict was
Evasion of service Yes
unlawfully done
of sentence
If convict violated
Yes
conditions of pardon

Counterfeiting the great seal of the


Government of the Philippine Islands,
Yes
forging the signature or stamp of the
Chief Executive

Using forged signature or counterfeit seal


Yes
or stamp

Making and If coinage of the


₱400,000 Yes
importing and Philippines
uttering false If counterfeit is from
₱200,000 Yes
coins a foreign country

Mutilation of With connivance ₱400,000 Yes


coins Without connivance Yes
if the document is an
obligation or
₱2,000,000 Yes
security of the
Philippines

Forging treasury if the document is an


or bank notes on obligation or
₱1,000,000 Yes
other documents security of a banking
payable to bearer; institution
importing, and if the document is an
uttering such false obligation or
₱1,000,000 Yes
or forged notes security of a foreign
and documents government
if the document is an
obligation or
₱400,000 Yes
security of a foreign
bank

Counterfeiting, importing and uttering


₱1,200,000 Yes
instruments not payable to bearer

Falsification of legislative documents ₱1,200,000 Yes


Falsification by public officer, employee
₱1,000,000 Yes
or notary or ecclesiastic minister

Falsification by private individual and


₱1,000,000 Yes
use of falsified documents
Falsification of Creation of dispatch Yes
wireless, cable,
telegraph and
Usage of dispatch Yes
telephone
messages
If physician or
False medical surgeon, or if a ₱200,000 Yes
certificates, false public officer
certificates of
If a private
merits or service, Yes
indlvidual
etc.
Usage of certificates Yes

Manufacturing Making or
₱1,000,000 Yes
and possession of introduction
instruments or
implements for Usage Yes
falsification

If offender publicly
use a fictitious name
for the purpose of
concealing a crime,
₱100,000 Yes
Using fictitious evading the

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name and execution of a


concealing true judgment or causing
name. damage

If offender conceals
his true name and
₱40,000 Yes
other personal
circumstances

Illegal use of uniforms or insignia Yes

If the defendant was


Yes
sentenced to death
if the defendant shall
have been sentenced
to reclusión Yes
temporal or
reclusión perpetua
False testimony If the defendant shall
against a have been sentenced
Yes
defendant to any other
afflictive penalty

If the defendant shall


₱200,000
have been sentenced
to a correctional
Yes
penalty or a fine, or
shall have been
acquitted
If the prosecution is
False testimony for a felony
₱200,000 Yes
favorable to the punishable by an
defendants afflictive penalty
Any other case Yes

If amount is more
than one million ₱1,000,000 Yes
pesos
False testimony in
If amount is less
civil cases
than one million
₱200,000 Yes
pesos or cannot be
estimated

False testimony in other cases and


Yes
perjury in solemn affirmation

Offering false testimony in evidence Depends on the penalties for any of the false testimony crimes.
Machinations in public auctions Yes

If affects any food


substance, motor
Monopolies and fuel or lubricants, or Yes
combinations in other articles of
restraint of trade prime necessity
If other products or
Yes
service
Importation and disposition of falsely
marked articles or merchandise made of ₱40,000 Yes
metals

Grave scandal Yes Yes

Immoral doctrines, obscene publications


₱20,000 Yes
and exhibitions and indecent shows
₱20,000 to
If recidivist Yes
Prostitution ₱200,000
All other cases ₱20,000 Yes

Perpetual absolute
Knowingly rendering unjust judgment Yes
disqualification
Temporary special
Judgment rendered through negligence Yes
disqualification
All other cases Yes

If offender have

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acted by reason of
Unjust
inexcusable
interlocutory Suspension
negligence or
order
ignorance, and order
was manifestly
unjust

Malicious delay in the administration of


Yes
justice
Prosecution of offenses; negligence and
Suspension Yes
tolerance
Betrayal of trust by an attorney or
₱40,000 Yes
solicitor, or revelation of secrets

If act subject of
bribery was Yes
accomplished Special temporary
Direct bribery
If act subject of disqualification
bribery was not Yes
accomplished

Indirect bribery Yes Yes

Frauds against the public treasury and ₱40,000 to


Yes
similar offenses ₱2,000,000

Temporary special
disqualification in its
Other frauds maximum period to
perpetual special
disqualification

₱40,000 to
Prohibited transactions Yes
₱2,000,000

Possession of prohibited interest by a ₱40,000 to


Yes
public officer ₱200,000

If value is less than


Yes
40.000 pesos
If value is more than
40,000 pesos and
Yes
less than 1,200,000
pesos
If value is more than Equal to the
1,200,000 pesos and amount of the
Yes
less than 2.400,000 funds
Malversation of pesos malversed or Perpetual special
public funds or
If value is more than equal to the disqualification
property
2,400,000 pesos and total value of
Yes
less than 4,400,000 the property
pesos embezzled

If value is more than


4,400,000 pesos and
Yes
less than 8,800,000
pesos
If value is more than
Yes
8.800,000 pesos

Failure of accountable officer to render ₱40,000 to


Yes
accounts ₱1,200,000

Failure of a responsible public officer to


₱40,000 to Temporary special
render accounts before leaving the Yes
₱200,000 disqualification
country
5% to 25% of
Failure to make delivery of public funds the sum that
Yes
or property was not
delivered
Temporary special
If the fugitive shall
disqualification in its
have been sentenced
maximum period to Yes
by final judgment to
Conniving with or any penalty perpetual special
consenting to disqualification

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evasion of If the fugitive shall
prisoners not have been finally
Temporary special
convicted but only Yes
disqualification
held as a detention
prisoner

Temporary special
Evasion of prisoners through negligence Yes
disqualification

Escape of prisoner under the custody of a


Same as the evasion of prisoners for public officers, only that it is one degree lower.
person not a public officer
When serious Temporary special
Removal, Yes
damage is caused disqualification in its
concealment or
₱200,000 maximum period to
destruction of When damage is not
perpetual Yes
documents serious
disqualification

Temporary special
Officer breaking seal ₱400,000 Yes
disqualification
Temporary special
Opening of closed documents ₱400,000 Yes
disqualification

When serious Perpetual special


Revelation of ₱400,000 Yes
damage is caused disqualification
secrets by an
When damage is not Temporary special
officer ₱100,000 Yes
serious disqualification

Public officer revealing secrets of private


₱200,000 Yes
individual

Temporary special
Open disobedience to a judgment ₱200,000 disqualification in its Yes
maximum period

Disobedience to order of superior


Perpetual special
officers, when said order was suspended Yes
disqualification
by inferior officer
When serious Perpetual special
Refusal of ₱200,000 Yes
damage is caused disqualification
assistance of a
When damage is not
public officer ₱100,000 Yes
serious
Refusal to discharge elective office ₱200,000 Yes

If the purpose of the


maltreatment is to
extort a confession, Temporary special
Maltreatment of ₱100,000 Yes
or to obtain some disqualification
prisoners information from the
prisoner

All other cases Yes


Anticipation of duties of a public office ₱100,000 Suspension

Special temporary
Prolonging performance of duties and
₱100,000 disqualification in its Yes
powers of a public officer
minimum period

If abandoned top
evade discharge of
the duties
Abandonment of
preventing, Yes
office or position
prosecuting or
of a public officer
punishing any of the
crime
All other cases Yes

Usurpation of legislative powers ₱200,000 Yes


Usurpation of executive functions Yes

Usurpation of judicial functions Yes


Disobeying request for disqualification ₱100,000 Yes

Orders or requests by executive officers


₱100,000 Yes
to any judicial authority

Unlawful appointments ₱200,000 Yes

If against the wife,


daughter, sister of

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relative within the


Abuses against same degree by Temporary special
Yes
chastity by public affinity of any disqualification
officers person in the
custody of such
warden or officer,

All other cases Yes

Parricide Yes

Murder Yes

Homicide Yes

Frustrated parricide, murder or homicide Same as respective punishments, only that it is one degree lower.
If it cannot be
ascertained who
actually killed the
deceased, but the
Yes
person or persons
Death caused in a who inflicted serious
tumultuous affray physical injuries can
be identified

If it cannot be
determined who
Yes
inflicted the serious
physical injuries
If serious physical
injuries are inflicted
upon the participants
thereof and the Same as respective punishments, only that it is one degree lower.
person responsible
thereof cannot be
Physical injuries
identified
inflicted in a
When the physical
tumultuous affray
injuries inflicted are
of a less serious
nature and the Yes
person responsible
therefore cannot be
identified

If person
successfully kills Yes
oneself
Giving assistance
If a person merely
to suicide Yes
assisted

If person failed in
Yes
killing oneself
Unless it is an
Discharge of attempted or
Yes
firearms frustrated parricide,
murder or homicide

If committed by
mother of the child
for the purpose of Yes
concealing her
dishonor
Infanticide
If committed by
maternal Yes
grandparents

All other cases Same as parricide or murder


If violence upon the
person of the
Yes
pregnant woman was
done

If without violence
Abortion
upon and without the
Yes
consent of the
woman

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If the woman
Yes
consented

Unintentional
If violence was done Yes
abortion
If practiced upon
herself or consent to Yes
another person

Abortion If practiced upon


practiced by the herself to conceal Yes
woman herself of dishonor
by her parents If practiced by her
parents for
Yes
concealing her
dishonor
If violence upon the
person of the
Yes
pregnant woman was
done

If without violence
Abortion upon and without the
Yes
practiced by a consent of the
physician or woman
midwife and If the woman
Yes
dispensing of consented
abortives
If pharmacist who,
without the proper
prescription from a
₱100,000 Yes
physician shall
dispense any
abortive
If adversary was
Yes
killed
Dueling
If no physical
Yes
injuries inflicted
Challenging to a duel Yes

If victim was
deprived either
totally or partially,
Yes
Mutilation or some essential
organ of
reproduction.

All other cases Yes


If the injured person
shall become insane,
Yes
imbecile, impotent,
or blind

If person injured
shall have lost the
use of speech or the
power to hear or to
smell, or shall have
lost an eye, a hand, a
foot, an arm, or a leg Yes
or shall have lost the
use of any such
member, or shall
have become
incapacitated for the
work
Serious physical If the person injured
injuries shall have become
deformed, or shall
have lost any other
part of his body, or
shall have lost the Yes

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use thereof, or shall
have been ill or
incapacitated for the
performance of the
work

If the physical
injuries inflicted
shall have caused the
illness or incapacity
Yes
for labor of the
injured person for
more than thirty
days

Administering injurious substances or


Same as serious physical injuries.
beverages

If the physical
injuries inflicted
shall have caused the
illness or incapacity Yes
for labor of the
injured person for 10
days or more

If manifest intent to
insult or offend the
Less serious injured person, or
₱50,000 Yes
physical injuries under circumstances
adding ignominy to
the offense
Inflicted upon the
offender's parents,
ascendants,
guardians, curators, Yes
teachers, or persons
of rank, or persons
in authority
If the offender has
inflicted physical
injuries which shall
incapacitate the
offended party for Yes
labor from one to
nine days, or shall
require medical
attendance
Slight physical
If it caused physical
injuries and
injuries which do not
maltreatment
prevent the offended
party from engaging Yes ₱40,000 Yes, or fine.
in his habitual work
nor require medical
assistance
If the offender shall
ill-treat another by Yes, or
deed without causing fine
any injury
All other cases Yes
If done with a deadly
Yes
weapon

If victim became
Yes
insane
If rape is attempted
and homicide is Yes
committed

If rape and homicide


Yes
is committed

When the victim is

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under eighteen (18)
years of age and the
offender is a parent,
ascendant, step-
parent, guardian,
relative by Yes
consanguinity or
affinity within the
third civil degree, or
the common-law
spouse of the parent
of the victim
When the victim is
under the custody of
the police or military
Yes
authorities or any
law enforcement or
penal institution
When the rape is
committed in full
view of the spouse,
parent, any of the
Yes
children or other
relatives within the
third civil degree of
consanguinity

When the victim is a


religious engaged in
legitimate religious
vocation or calling Yes
and is personally
known to be such by
the offender

When the victim is a


child below seven Yes
Rape , when
years old
offender has
carnal knowledge When the offender
of a woman knows that he is
afflicted with the
Human Immuno-
Deficiency Virus
/Acquired Immune
Deficiency
Yes
Syndrome or any
other sexually
transmissible disease
and the virus or
disease is
transmitted to the
victim

When committed by
any member of the
Armed Forces of the
Philippines or para-
military units thereof
or the Philippine
National Police or
any law enforcement Yes
agency or penal
institution, when the
offender took
advantage of his
position to facilitate
the commission of
the crime

When by reason or
on the occasion of
the rape, the victim

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has suffered Yes


permanent physical
mutilation or
disability

When the offender


knew of the
pregnancy of the
offended party at the Yes
time of the
commission of the
crime

When the offender


knew of the mental
disability, emotional
Yes
disorder and/or
physical handicap of
the offended party
Whenever the rape is
committed with the
use of a deadly Yes
Rape, if inserting
weapon or by two or
his penis into
more persons
another person's
mouth or anal When by reason or
orifice, or any on the occasion of
Yes
instrument or the rape, the victim
object, into the has become insane
genital or anal If rape is attempted
orifice of another and homicide is Yes
person committed
If rape and homicide
Yes
is committed

Acts of lasciviousness Yes


If committed for the
Kidnapping and purpose of extorting Yes
serious illegal
ransom
detention
All other cases Yes
If offender released
victim within three
days of detention,
Slight illegal did not attain ₱100,000 Yes
detention purpose, and before
proceedings against
him
All other cases Yes

Unlawful arrest ₱100,000 Yes


Kidnapping and failure to return a minor

Inducing a minor If offender is parent


₱40,000 Yes
to abandon his of the minor
home All other cases ₱100,000 Yes
If purpose is for
Yes
Slavery illegal trafficking
All other cases Yes

Child labor Yes


Services rendered under compulsion in
Yes
payment of debt
Abandonment of person in danger and
Yes
abandonment of one's own victim

If minor died Yes


Abandoning a If minor was merely
₱100,000 Yes
minor in danger

All other cases Yes


Abandonment of minor by person
₱100,000 Yes
entrusted with his custody

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Exploitation of minors ₱100,000 Yes
If committed by
Qualified trespass violence or Yes
₱200,000
to dwelling intimidation

All other cases Yes


Other forms of trespass ₱40,000 Yes

Light threats Yes

Other light threats ₱40,000 Yes

Grave coercions ₱100,000 Yes


Light coercions ₱15,000 Yes

Other coercions or unjust vexations ₱1,000 Yes

Compulsory purchase of merchandise


₱40,000 to
and payment of wages by means of Yes
₱100,000
tokens

Formation, maintenance and prohibition


of combination of capital or labor ₱60,000 Yes
through violence or threats

Discovering If secrets were


Yes
secrets through revealed
₱100,000
seizure of If secrets were not
Yes
correspondence revealed
Revealing secrets
If secrets were
with abuse of ₱100,000 Yes
revealed
office
Revelation of industrial secrets ₱100,000 Yes

If the crime of
homicide shall have
been committed; or
when the robbery
Yes
shall have been
accompanied by rape
or intentional
Robbery with mutilation or arson
violence against If serious physical
or intimidation of injuries have been Yes
persons inflicted

If physical injuries
Yes
have been inflicted
If light physical
injuries have been Yes
inflicted
All other cases Yes

Attempted and frustrated robbery Yes


If not acts cannot be
punished by higher Yes
penalties
Brigandage
If acts can be
punished by higher The higher penalties will then be followed.
penalties
Aiding and abetting a band of brigands Yes

If value is more than


Yes
2,200.000 pesos

If value is more than


1,200,000 pesos but
Yes
less than 2,200,000
pesos
If value is more than
20,000 pesos but less Yes
than 600,000 pesos

If value is more than


5,000 pesos but less Yes
than 20,000 pesos

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If value is more than
500 pesos but less Yes
than 5,000 pesos
Theft
If value is less than
Yes
500 pesos
If value is less than
500 pesos, and enter
an enclosed estate or
a field where
trespass is forbidden Yes
or which belongs to
another and without
the consent of its
owner
If value is less than
500 pesos, and if
offender under the Yes
impulse of hunger,
poverty, etc.

Theft of the property of the National ₱40,000 to


Yes
Library and National Museum ₱100,000

Occupation of real property or usurpation


₱15,000
of real rights in property
Altering boundaries or landmarks ₱20,000 Yes

Fraudulent If a merchant Yes


insolvency If not a merchant Yes

If value is more than


Yes
4,400,000 pesos

If value is more than


2,400,000 pesos but
Yes
less than 4,400,000
pesos

If value is more than


Swindling (estafa) 1,200,000 pesos but
Yes
less than 2,400,000
pesos
If value is more than
40,000 pesos but less Yes
than 1,200,000 pesos
If value is less than
Yes
40,000 pesos

Not less than


Other forms of swindling the value of Yes
damage caused

Swindling a minor Yes

Other deceits, including fortune-telling ₱40,000 Yes


Removal, sale or pledge of mortgaged
Yes
property

Destructive arson Yes


Other forms of Varying
Yes
arson circumstances
If damage exceeds
Yes
200,000 pesos

If damage exceeds
Malicious
40,000 pesos, but
mischief (property Yes
less than 200.000
damage)
pesos

If damage is less
Yes
than 40,000 pesos

If damage exceeds
Yes
200,000 pesos
If damage exceeds
40,000 pesos, but
Yes

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less than 200.000
Other mischiefs
pesos

If damage is less
than 40,000 pesos,
Yes
or if it cannot be
estimated

Damage and If it caused an


Yes
obstruction to accident
means of
All other cases Yes
communication
Destroy or damage
statues or any other
Yes
Destroying or useful or ornamental
damaging statues, public monument
public monuments Destroy or damage
or paintings any useful or
₱40,000 Yes
ornamental painting
of a public nature

Adultery Yes

If the husband Yes


Concubinage
If the concubine The penalty shall be destierro
All other cases Yes
Qualified
If seduced his sister
seduction
or descendant
Simple seduction Yes

Acts of lasciviousness with the consent


Yes
of the offended party

Temporary absolute
Corruption of If a public officer
disqualification Yes
minors
All other cases

White slave trade Yes

Forcible abduction Yes

Consented abduction Yes


Simulation of If physician or Temporary special
Yes
births, public officer disqualification
substitution of
one child for
₱200,000
another and
All other cases
concealment or
abandonment of a
legitimate child
If done with the
Usurpation of intent to defraud the Yes
civil status offended part
All other cases Yes

Bigamy Yes

If either of the
contracting parties
shall obtain the
Marriage
consent of the other Yes
contracted against
by means of
provisions of laws
violence,
intimidation or fraud

All other cases Yes


Premature marriages Yes

₱40,000 to
Libel means by writings or similar means Yes
₱1,200,000

Threatening to publish libelous


₱40,000 to
statements and offer to present such Yes
₱400,000
publication for a compensation
Prohibited publication of acts referred to ₱40,000 to
Yes
in the course of official libel proceedings ₱200,000

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If of insulting nature Yes
Slander Not of insulting
₱20,000 Yes
nature

If of serious nature Yes


Slander by deed
Not of serious nature ₱20,000 Yes

Incriminating innocent person Yes


Intriguing against honor ₱20,000 Yes
If intentional act
caused a grave Yes
felony
If imprudent act
caused a grave Yes
felony
An amount
equal to the
Imprudence and If act caused damage value of said
negligence to property damages to 3
times such
value

If imprudent act
caused some wrong,
and if done
Yes ₱40,000
maliciously, would
have been a light
felony

Aggravating, Fine is not Min Med Max Min Med Max Min Med Max Min Med Max Min Med Max
exempting and Public more than Suspension or Reclusión
Crime Death
mitigating censure (unless disqualification Arresto menor Arresto mayor Prisión correccional Prisión mayor Reclusión temporal perpetua
circumstances specified)

Other penalties [edit]

Qualified bribery: If any public officer is entrusted with law enforcement and he refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusión perpetua and/or death in
consideration of any offer, promise, gift or present, he shall suffer the penalty for the offense which was not prosecuted.
If it is the public officer who asks or demands such gift or present, he shall suffer the penalty of death.
Corruption of public officials: The same penalties on the person corrupted except those of disqualification and suspension, shall be imposed upon any person who shall have made the offers or promises or
given the gifts or presents as described in the preceding articles. (Chapter 2, Section 2.)
Death or physical injuries inflicted under exceptional circumstances
Any legally married person who having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or
shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.
If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.
Dueling, if causing injury, will be treated as if it's a normal crime (as serious physical injuries or assault)
Grave threats: The penalty next lower in degree than that prescribed by law for the crime be threatened to commit, if the offender shall not have attained his purpose, the penalty lower by two degrees shall be
imposed.

Amendments [edit]

The code has been amended multiple times:

Commonwealth Act 616 criminalized espionage


Republic Act 10 criminalized usurpation of public authority
Republic Act 1700 outlawed the Communist Party of the Philippines
Republic Act 3019 created the Anti-Graft and Corrupt Practices Act
Republic Act 4200 criminalized wiretapping
Republic Act 4200 criminalized contraceptives
Republic Act 6425 criminalized illegal drugs
Republic Act 6539 criminalized carnapping
Presidential Decree 90 criminalized rumor-mongering
Presidential Decree 449 regulated cockfights
Presidential Decree 483 criminalized sports betting, point shaving, match fixing and the like
Presidential Decree 519 outlawed pinball machines
Presidential Decree 532 criminalized highway robbery

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Presidential Decree 749 granted immunity to givers of bribes


Presidential Decree 818 increased penalties for estafa
Presidential Decree 1602 increased penalties for illegal gambling
Presidential Decree 1613 amended the law on arson
Republic Act 6968 criminalized coup d'etats
Republic Act 8353 amended the law on rape and increased the penalties for it
Republic Act 9208 established the Intellectual Property Office
Republic Act 9262 criminalized violence against women and their children
Republic Act 9372 criminalized terrorism
Republic Act 10158 decriminalized vagrancy
Republic Act 10175 criminalized acts in cyberspace via the Cybercrime Prevention Act of 2012
Republic Act 10951 updated the values of damages in certain crimes, and the value of fines

See also [edit]

Philippine legal codes


Republic Acts of the Philippines

References [edit]

1. ^ "The Dangerous Drugs Act of 1972" . The Corpus Juris. 1972-03-30. Retrieved 2016-12-05.
2. ^ a b "Comprehensive Dangerous Drugs Act of 2002" . The Corpus Juris. 2002-06-07. Retrieved 2016-12-05.
3. ^ a b c "Act No. 3815 - The Revised Penal Code" . The Corpus Juris. 1930-12-08. Retrieved 2015-12-09.
4. ^ a b "The Anti-Rape Law of 1997" . The Corpus Juris. 1997-09-30. Retrieved 2015-12-09.
5. ^ a b "Republic Act No. 7659 : AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES, AMENDING FOR THAT PURPOSE THE REVISED PENAL LAWS, AND FOR OTHER PURPOSES" . The
Corpus Juris. December 13, 1993.
6. ^ "An Act Prohibiting the Imposition of the Death Penalty in the Philippines" . The Corpus Juris. 2006-06-24. Retrieved 2016-12-05.
7. ^ Amended from 30 years to 40 years by Republic Act No. 7659.[5]

External links [edit]

Act No. 3815


Republic Act No. 10951

Categories: Criminal codes Philippine criminal law

This page was last edited on 23 October 2018, at 03:20 (UTC).

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