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 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 criminal laws have been enacted outside of the Revised Penal Code as separate Republic Acts.
Historical background The Revised Penal Code supplanted the 1870 Spanish Código Penal, which was in force in the Philippines (then an overseas province of the Spanish Empire up to 1898) from 1886 to 1930, after an allegedly uneven implementation in 1877. The new Code was drafted by a committee created in 1927, and headed by Judge Anacleto Díaz, who would 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.
Features
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, rape, robbery theft, and treason. The Code also penalizes other acts that are considered criminal in the Philippines, such as adultery, concubinage, and abortion. It expressly defines the elements that each crime comprises, and the existence of all these elements has to be proven beyond reasonable doubt in order to secure a conviction.
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 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 penalized instead under the Dangerous Drugs Act of 1972 and later the Comprehensive Dangerous Drugs Act of 2002.
One distinct aspect of the Revised Penal Code centers on its classification of aggravating, exempting and mitigating circumstances, the appreciation of which affects the gradation of penalties. Penalties under the Revised Penal Code are generally divided into three periods – the minimum period, the medium period, and the 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 circumstance, or the absence of such circumstances, may result in the imposition of the penalty in its medium period.
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 passage of Republic Act No. 8353, the Anti-Rape Law of 1997. Prior to the 1997 amendments, rape had been classified as a crime against chastity and was defined as "having carnal knowledge of a woman" under enumerated circumstances that indicated lack of consent. Under the amendments, rape was reclassified as a crime 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.
With the abolition of the death penalty in 2006, the highest penalty currently possible under the Revised Penal Code is reclusión perpetua, which ranges from 20 years and 1 day to 40 years' imprisonment. 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.
Republic Act 10951, signed by president Rodrigo Duterte in 2017, updated the fines and penalties to the law. Previously, the law mandated fines ranging from five to 100,000 pesos; the new law updated the fines, ranging from 1,000 pesos for other coercions and unjust vexations, up to 4 million for treason. The law also amends the length of incarceration for malversation of public funds.
Preliminary article It states that the law shall be known as the "Revised Penal Code."
Book One A preliminary article states when it takes effect (on January 1, 1932), and where the law can be enforced, which includes the Philippine archipelago, and on a Philippine ship or airship, among others.
Title One: Felonies and criminal liability Chapter One defines what a felony is, which are acts and omissions punishable by law, either by means of deceit, or by fault. It defines who is criminally liable, whether a felony is consummated, frustrated or attempted, when conspiracy and proposal to commit felonies are punishable, which felonies are light, less grave and grave.
The succeeding chapters list which circumstances justify, exempt, mitigate and aggravate criminal liability.
Title Two: Persons criminally liable This title discusses who are the persons liable. These include the principals, accomplices and the accessories, with the latter classification not used for light felonies.
Title Three: Penalties All penalties relating to death are commuted to reclusión perpetua.
Length of incarceration
+NameTypeEntire lengthMinimum lengthMedium lengthMaximum lengthAccessory penaltiesDeathCapitalNot applied; commuted to reclusión perpetua.Perpetual absolute disqualification and that of civil interdiction during thirty years following the date of sentenceReclusión perpetuaAfflictive20 years and 1 day to 40 yearsCivil interdiction for life or during the period of the sentence as the case may be, and perpetual absolute disqualificationReclusión temporal12 years and one day to 20 years12 years and one day to 14 years and 8 months14 years and 8 months to 17 years and 4 months17 years 4 months and 1 day to 20 yearsPrisión mayor6 years and one day to 12 years6 years and 1 day to 8 years8 years and 1 day to 10 years10 years and 1 day to 12 yearsIf disqualification is imposed, 12 years and 1 day Temporary absolute disqualification and that of perpetual special disqualification from the right of suffragePrisión correccionalCorrectional6 months and one day to 6 years6 months and 1 day to 2 years and 4 months2 years, 4 months and 1 day to 4 years and 2 months4 years, 2 months and 1 day to 6 yearsSuspension 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.SuspensionIf suspension is imposed, 6 yearsDestierroAny 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 250 and not less than 25 kilometers from the place designated.Arresto mayor1 month and 1 day to 6 months1 month to 2 months2 months and 1 day to 4 months4 months and 1 day to 6 monthsSuspension of the right to hold office and the right of suffrage during the term of the sentenceArresto menorLight1 day to 30 days1 day to 10 days11 days to 20 days21 days to 30 days
Other penalties Public censure (also a light penalty) Fines (also an afflictive penalty) Civil interdiction: Deprive the offender during the time of his sentence of the rights of parental authority, or guardianship
Accessory penalties
Perpetual or temporary absolute disqualification 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 elective office or to be elected to such office, and the disqualification for the offices or public employments and for the exercise of any of the rights mentioned. In case of temporary disqualification, this deprivation and disqualification shall last during the term of the sentence. The loss of all rights to retirement pay or other pension for any office formerly held. Perpetual or temporary special disqualification: The deprivation of the office, employment, profession or calling affected; The disqualification for holding similar offices or employments either perpetually or during the term of the sentence according to the extent of such disqualification. Perpetual or temporary special disqualification for the exercise of the right of suffrage 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. Suspension from any public office, profession or calling, or the right of suffrage Disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence
Impossible crime Article 59 has a provision for "impossible crimes". These are acts that satisfy the following:
The person intending to commit an offense has already performed the acts The crime was not produced by reason of the fact that the act intended was by its nature one of impossible accomplishment, or The means employed by such person are essentially inadequate to produce the result desired by him
Example are stealing one's property, using a toy gun to kill someone, or adding a benign substance to poison someone.
The penalty is arresto mayor or a fine between 200 and 500 pesos.
Title Four: Extinction of criminal liability and civil liability
Extinction of criminal liability This discusses when criminal liability is extinguished. These include by death of the convict, service of the sentence, by amnesty, and by absolute pardon, among others.
Prescription of crimes This discusses when crimes can no longer be prosecuted, from the time the crime is discovered by the offended party, the authorities, or their agents. +PenaltyLength of timeDeath, reclusión perpetua or reclusión temporal20 yearsCorrectional penalty, except arresto mayor10 yearsArresto mayor5 yearsLibel and other similar offenses1 yearOral defamation and slander6 monthsLight offenses2 months
Title Five: Civil liability The law states that "every person criminally liable for a felony is also civilly liable."
Book Two The code classifies crimes into different titles, each divided to one or more chapters, all of these in Book Two of the code.
Title One: Crimes against national security and the law of nations
"Treason" is defined as "any person who, owing allegiance to (the United States or) the Government of the Philippine Islands, not being a foreigner, levies war against them or adheres to their enemies, giving them aid or comfort within the Philippine Islands or elsewhere" "Espionage" is defined as: Without authority therefor, enters a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippine Archipelago; or Being in possession, by reason of the public office he holds, of the articles, data, or information referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation. "Flight to enemy country", known elsewhere as "desertion", is defined as "any person who, owing allegiance to the Government, attempts to flee or go to an enemy country when prohibited by competent authority"