AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS. Act No. December 8, The Revised Penal Code of the Philippines. Preliminary. Full text of the Revised Penal Code of the Philippines [Act No. ]. Featured on the World Wide Web by The Law Firm of Chan Robles & Associates. Crimes committed within the Philippines or against a government facility of the. Philippines abroad provided by this Code or other special penal laws.
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The Revised Penal Code contains the general penal laws of the Philippines. First enacted in , it remains in effect today, despite several amendments. THE CRIMINAL CODE OF THE PHILIPPINES Book 1 General Principles . (1) The penalty of death and of imprisonment established in the Revised Penal Code . The Revised Penal Code contains the general penal laws of the Philippines. First enacted in Print/export. Create a book · Download as PDF · Printable version .
Act No. Governor-General of the Philippines with the advice and consent of the Philippine Legislature. Presidential Decree No. Criminal law. Not applied; commuted to reclusion perpetua.
Perpetual absolute disqualification and that of civil interdiction during thirty years following the date of sentence. Civil interdiction for life or during the period of the sentence as the case may be, and perpetual absolute disqualification. If disqualification is imposed, 12 years and 1 day Temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage.
Suspension from public office, from the right to follow a profession or calling, and that of perpetual special disqualification from the right of suffrage, if the duration of said imprisonment shall exceed eighteen months. Any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence, nor within the radius therein specified, which shall be not more than and not less than 25 kilometers from the place designated.
Suspension of the right to hold office and the right of suffrage during the term of the sentence. Piracy in general and mutiny on the high seas. Arbitrary detention.
If committed at night-time, or if any papers or effects not constituting evidence of a crime be not returned immediately after the search made by the offender. Search warrants maliciously obtained and abuse in the service of those legally obtained. Act tending to prevent the meeting of the Assembly and similar bodies.
If offender make any outcry tending to incite rebellion or sedition or in such place shall display placards or emblems. Unlawful use of means of publication and unlawful utterances. Alarms and scandals. If offender removes from any jail or penal establishment any person confined therein or shall help the escape of such person, by means of violence, intimidation, or bribery. Evasion of service of sentence. Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief Executive.
If coinage of the Philippines. Forging treasury or bank notes on other documents payable to bearer; importing, and uttering such false or forged notes and documents. If offender publicly use a fictitious name for the purpose of concealing a crime, evading the execution of a judgment or causing damage. Illegal use of uniforms or insignia.
False testimony against a defendant. If the defendant shall have been sentenced to a correctional penalty or a fine, or shall have been acquitted.
Monopolies and combinations in restraint of trade. Importation and disposition of falsely marked articles or merchandise made of metals. Immoral doctrines, obscene publications and exhibitions and indecent shows. If offender have acted by reason of inexcusable negligence or ignorance, and order was manifestly unjust.
Malicious delay in the administration of justice. Prosecution of offenses; negligence and tolerance. Frauds against the public treasury and similar offenses. Possession of prohibited interest by a public officer. Malversation of public funds or property. Equal to the amount of the funds malversed or equal to the total value of the property embezzled.
Failure of a responsible public officer to render accounts before leaving the country. Conniving with or consenting to evasion of prisoners.
Same as the evasion of prisoners for public officers, only that it is one degree lower. Temporary special disqualification in its maximum period to perpetual disqualification. Disobedience to order of superior officers, when said order was suspended by inferior officer. If the purpose of the maltreatment is to extort a confession, or to obtain some information from the prisoner. If abandoned top evade discharge of the duties preventing, prosecuting or punishing any of the crime.
If against the wife, daughter, sister of relative within the same degree by affinity of any person in the custody of such warden or officer,.
If it cannot be ascertained who actually killed the deceased, but the person or persons who inflicted serious physical injuries can be identified. If serious physical injuries are inflicted upon the participants thereof and the person responsible thereof cannot be identified.
Circumstances that Affect Criminal Liability[ edit ] The presence of certain circumstances have the effect of removing, mitigating or aggravating criminal liability of persons. Persons who commit crimes when justifying circumstances are present do not incur criminal or civil liability.
Acting in self-defense is one of these justifying circumstances. The presence of exempting circumstances on the other hand will exempt the perpetrator from criminal liability but not from civil liability. Some of these exempting circumstances are imbecility or youth.
On the other hand, the presence of one or more mitigating circumstances when a crime is committed, can serve to reduce the penalty imposed. An example is voluntary surrender. Lastly, the presence of aggravating circumstances will increase the penalty imposed under the crime, upon conviction.
Some examples are contempt or insult to public authority.
Participation in Crimes[ edit ] Under the Revised Penal Code, when more than one person participated in the commission of the crime, the law looks into their participation because in punishing offenders, the Revised Penal Code classifies them as principals , accomplices , or accessories. A persons can be liable as a principal for a taking a direct part in the execution of the felony, b directly forcing or inducing others to commit it, or c cooperate in the commission of the offense by another act without which it would not have been accomplished.
Accomplices are persons who, while not acting as a principal, cooperate in the execution of the offense by previous or simultaneous acts. Lastly, accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission by: a profiting themselves or assisting the offender to profit by the effects of the crime, b concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery, or c harboring, concealing, or assisting in the escape of the principals of the crime.
Principals are punished more severely than accomplices, who are punished more severely than accessories. However, when there is conspiracy, there will no longer be a distinction as to whether a person acted as a principal, accomplice or accessory, because when there is conspiracy, the criminal liability of all will be the same, because the act of one is the act of all.
Murder[ edit ] Article of the Revised Penal Code defines murder as killing someone other than a family member  with any of the following six circumstances: With treachery [see below], taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense, or of means or persons to insure or afford impunity; In consideration of a price, reward, or promise; By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin; On occasion of any calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity; With evident premeditation; With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corps.
The essence of treachery is that the attack comes without a warning and in a swift, deliberate, and unexpected manner, affording the hapless, unarmed, and unsuspecting victim no chance to resist or escape. For treachery to be considered, two elements must concur: 1 the employment of means of execution that gives the persons attacked no opportunity to defend themselves or retaliate; and 2 the means of execution were deliberately or consciously adopted. Violations of the crimes listed in the Revised Penal Code are referred to as mala in se , which literally means, that the act is inherently evil or bad or wrongful in itself.
On the other hand, violations of Special Penal Laws are generally referred to as malum prohibitum or an act that is wrong because it is prohibited. Thus, no criminal intent is needed in order to find a person liable for crimes punished under Special Penal Laws. As long as the act is committed, then it is punishable as a crime under law.
Note, however, that not all violations of Special Penal Laws are mala prohibita. While intentional felonies are always mala in se, it does not follow that prohibited acts done in violation of special laws are always mala prohibita.
One of them is that in crimes punished under the Revised Penal Code, the moral trait of the offender is considered.