Revised Penal Code of The Philippines: Historical Background
Revised Penal Code of The Philippines: 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]
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
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
If information given
might be useful to
the enemy, and Yes
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
If committed with
Interruption of Yes
violence or threats
religious worship
All other cases Yes
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
If leader 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
If convict was
Evasion of service Yes
unlawfully done
of sentence
If convict violated
Yes
conditions of pardon
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
If offender conceals
his true name and
₱40,000 Yes
other personal
circumstances
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
Offering false testimony in evidence Depends on the penalties for any of the false testimony crimes.
Machinations in public auctions Yes
Perpetual absolute
Knowingly rendering unjust judgment Yes
disqualification
Temporary special
Judgment rendered through negligence Yes
disqualification
All other cases Yes
If offender have
If act subject of
bribery was Yes
accomplished Special temporary
Direct bribery
If act subject of disqualification
bribery was not Yes
accomplished
Temporary special
disqualification in its
Other frauds maximum period to
perpetual special
disqualification
₱40,000 to
Prohibited transactions Yes
₱2,000,000
Temporary special
Evasion of prisoners through negligence Yes
disqualification
Temporary special
Officer breaking seal ₱400,000 Yes
disqualification
Temporary special
Opening of closed documents ₱400,000 Yes
disqualification
Temporary special
Open disobedience to a judgment ₱200,000 disqualification in its Yes
maximum period
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
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
If without violence
Abortion
upon and without the
Yes
consent of the
woman
If the woman
Yes
consented
Unintentional
If violence was done Yes
abortion
If practiced upon
herself or consent to Yes
another person
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.
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
If the physical
injuries inflicted
shall have caused the
illness or incapacity
Yes
for labor of the
injured person for
more than thirty
days
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
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
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
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
If damage is less
than 40,000 pesos,
Yes
or if it cannot be
estimated
Adultery Yes
Temporary absolute
Corruption of If a public officer
disqualification Yes
minors
All other cases
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
₱40,000 to
Libel means by writings or similar means Yes
₱1,200,000
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)
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]
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]
Privacy policy About Wikipedia Disclaimers Contact Wikipedia Developers Cookie statement Mobile view