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 .
The following are criminally liable for grave and less grave felonies: 1. Principals 2. The following are considered principals: 1. Those who take a direct part in the execution of the act; 2. Those who directly force or induce others to commit it; 3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished. Accomplices are those persons who, not being included in Art. 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 in any of the following manners: chan robles virtu al law library 1.
By profiting themselves or assisting the offender to profit by the effects of the crime. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery.
By harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.
Accessories who are exempt from criminal liability. The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article.
Penalties that may be imposed. No felony shall be punishable by any penalty not prescribed by law prior to its commission. Retroactive effect of penal laws. Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same.
Effect of pardon by the offended party. A pardon of the offended party does not extinguish criminal action except as provided in Article of this Code; but civil liability with regard to the interest of the injured party is extinguished by his express waiver. Measures of prevention or safety which are nor considered penalties. The following shall not be considered as penalties: 1.
The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring their confinement in a hospital.
The commitment of a minor to any of the institutions mentioned in Article 80 and for the purposes specified therein. Suspension from the employment of public office during the trial or in order to institute proceedings. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers, superior officials may impose upon their subordinates. Deprivation of rights and the reparations which the civil laws may establish in penal form. Penalties which may be imposed.
The penalties which may be imposed according to this Code, and their different classes, are those included in the following: Scale Principal Penalties Capital punishment: Death. Afflictive penalties: Reclusion perpetua, Reclusion temporal, Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Prision mayor. Correctional penalties: Prision correccional, Arresto mayor, Suspension, Destierro.
Light penalties: Arresto menor, Public censure. Penalties common to the three preceding classes: Fine, and Bond to keep the peace. Accessory Penalties Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Suspension from public office, the right to vote and be voted for, the profession or calling. Civil interdiction, Indemnification, Forfeiture or confiscation of instruments and proceeds of the offense, Payment of costs.
When afflictive, correctional, or light penalty. A fine, whether imposed as a single of as an alternative penalty, shall be considered an afflictive penalty, if it exceeds 6, pesos; a correctional penalty, if it does not exceed 6, pesos but is not less than pesos; and a light penalty if it less than pesos. Duration of Penalties Art.
Reclusion perpetua. Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon.
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The penalty of reclusion temporal shall be from twelve years and one day to twenty years. The duration of the penalties of prision mayor and temporary disqualification shall be from six years and one day to twelve years, except when the penalty of disqualification is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty.
The duration of the penalties of prision correccional, suspension and destierro shall be from six months and one day to six years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.
The duration of the penalty of arresto mayor shall be from one month and one day to six months. The duration of the penalty of arresto menor shall be from one day to thirty days. The bond to keep the peace shall be required to cover such period of time as the court may determine. Computation of penalties. If the offender shall be in prison, the term of the duration of the temporary penalties shall be computed from the day on which the judgment of conviction shall have become final.
The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence. Period of preventive imprisonment deducted from term of imprisonment.
Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment, if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners, except in the following cases: 1.
When they are recidivists or have been convicted previously twice or more times of any crime; and 2.
Revised Penal Code (1930)
When upon being summoned for the execution of their sentence they have failed to surrender voluntarily. As amended by Republic Act , June 17, In case the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty 30 days of preventive imprisonment.
As amended by E. Section Two. Effects of the penalties according to their respective nature Art. Effects of the penalties of perpetual or temporary absolute disqualification.
The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects: 1. The deprivation of the public offices and employments which the offender may have held even if conferred by popular election.
The deprivation of the right to vote in any election for any popular office or to be elected to such office.
The disqualification for the offices or public employments and for the exercise of any of the rights mentioned. The loss of all rights to retirement pay or other pension for any office formerly held. Effect of the penalties of perpetual or temporary special disqualification. The penalties of perpetual or temporal special disqualification for public office, profession or calling shall produce the following effects: 1. The deprivation of the office, employment, profession or calling affected; 2.
The disqualification for holding similar offices or employments either perpetually or during the term of the sentence according to the extent of such disqualification. Effect of the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage.
The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive the offender perpetually or during the term of the sentence, according to the nature of said penalty, of the right to vote in any popular election for any public office or to be elected to such office. Moreover, the offender shall not be permitted to hold any public office during the period of his disqualification.
Effects of the penalties of suspension from any public office, profession or calling, or the right of suffrage. The suspension from public office, profession or calling, and the exercise of the right of suffrage shall disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence.
Civil interdiction. Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos. Effects of bond to keep the peace.
It shall be the duty of any person sentenced to give bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the offense sought to be prevented, and that in case such offense be committed they will pay the amount determined by the court in the judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking. Pardon; its effect.
A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon. Cost; What are included. Costs shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule.
Pecuniary liabilities; Order of payment. In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following order: 1. The reparation of the damage caused. Indemnification of consequential damages. The fine. The cost of the proceedings. Subsidiary penalty.
If the convict has no property with which to meet the fine mentioned in the paragraph 3 of the nest preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos, subject to the following rules: 1.
If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under confinement until his fine referred to in the preceding paragraph is satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no case shall it continue for more than one year, and no fraction or part of a day shall be counted against the prisoner.
When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a light felony. When the principal imposed is higher than prision correccional, no subsidiary imprisonment shall be imposed upon the culprit.
If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is of fixed duration, the convict, during the period of time established in the preceding rules, shall continue to suffer the same deprivations as those of which the principal penalty consists. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him, from the fine in case his financial circumstances should improve.
As amended by RA , April 21, Section Three. Penalties in which other accessory penalties are inherent Art. Death; Its accessory penalties. The death penalty, when it is not executed by reason of commutation or pardon shall carry with it that of perpetual absolute disqualification and that of civil interdiction during thirty years following the date sentence, unless such accessory penalties have been expressly remitted in the pardon.
Reclusion perpetua and reclusion temporal; Their accessory penalties. The penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life or during the period of the sentence as the case may be, and that of perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.
Prision mayor; Its accessory penalties. The penalty of prision mayor, shall carry with it that of temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage which the offender shall suffer although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. Prision correccional; Its accessory penalties. The penalty of prision correccional shall carry with it that of 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.
The offender shall suffer the disqualification provided in the article although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. Arresto; Its accessory penalties. The penalty of arresto shall carry with it that of suspension of the right too hold office and the right of suffrage during the term of the sentence.
The following are mitigating circumstances; 1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from criminal liability in the respective cases are not attendant.
That the offender is under eighteen year of age or over seventy years.
In the case of the minor, he shall be proceeded against in accordance with the provisions of Art. That the offender had no intention to commit so grave a wrong as that committed. That the act was committed in the immediate vindication of a grave offense to the one committing the felony delito , his spouse, ascendants, or relatives by affinity within the same degrees.
That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution; 8.
That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings. Such illness of the offender as would diminish the exercise of the will- power of the offender without however depriving him of the consciousness of his acts. And, finally, any other circumstances of a similar nature and analogous to those above mentioned.
Aggravating circumstances. The following are aggravating circumstances: 1. That advantage be taken by the offender of his public position. That the crime be committed in contempt or with insult to the public authorities. That the act be committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or that is be committed in the dwelling of the offended party, if the latter has not given provocation.
That the act be committed with abuse of confidence or obvious ungratefulness. That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense.
That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune.
The Revised Penal Code: Criminal Law Book One
That the crime be committed with the aid of armed men or persons who insure or afford impunity. That the accused is a recidivist. That the offender has been previously punished by an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. That the crime be committed in consideration of a price, reward, or promise.
That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin.
That the act be committed with evidence premeditation.
That the craft, fraud or disguise be employed. That advantage be taken of superior strength, or means be employed to weaken the defense.
That the act be committed with treachery alevosia. That means be employed or circumstances brought about which add ignominy to the natural effects of the act.
That the crime be committed after an unlawful entry. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, motorized watercraft, airships, or other similar means. As amended by RA That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commissions. Their concept. Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission.
They are the relationship, intoxication and the degree of instruction and education of the offender. Who are criminally liable. Principals 2. The following are considered principals: 1.
Those who take a direct part in the execution of the act; 2. Those who directly force or induce others to commit it; 3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished. Accomplices are those persons who, not being included in Art.Correctional penalties. If offender publicly use a fictitious name for the purpose of concealing a crime, evading the execution of a judgment or causing damage.
Hazel Joy Galamay. Temporal absolute disqualification 3. Probation may be availed of for Level 1 and 2 crimes.
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