PHILIPPINE REVISED PENAL CODE PDF
The Revised Penal Code contains the general penal laws of the Philippines. First enacted in , it remains in effect today, despite several amendments. Crimes committed outside the Philippines against any Philippine citizen, or entity registered in the provided by this Code or other special penal laws. (2) The penalty of fine established in the Revised Penal Code, whether imposed as a. any person from the Philippine Islands or shall compel such person to change his residence. Section Two- Violation Revised Penal Code (Title VII). CRIMES.
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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. THE CRIMINAL CODE OF THE PHILIPPINES Book 1 General Principles . (1) The penalty of death and of imprisonment established in the Revised Penal Code .
Article 1. Time when Act takes effect. Application of its provisions. Should commit an offense while on a Philippine ship or airship 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; c han r obl es vi r t ual l aw l i br ar y. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number;.
When a single act produces two or more crimes under this Code and other laws, or when a series of different acts on one occasion produce two or more crimes, or when a crime is a necessary means for committing another crime, the accused shall be charged in one indictment for all the crimes but may be convicted only for the crime proved with the highest penalty.
REVISED PENAL CODE OF THE PHILIPPINES - BOOK ONE.pdf
The other crimes proved shall be considered as modifying circumstances. Acts and victims.
Series of similar acts on the same occasion against one victim shall be charged as one crime. If there is more than one victim, the respondent shall be charged with as many crimes as there are victims. Section 9. Acts and effects. The offender shall be responsible for all the effects arising from the commission of illegal acts.
Section A minor under 13 years do not incur criminal responsibility. A minor is a person under 18 years of age or those over 18 years of age but are unable to fully take care or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. A minor aged 13 but less than 18 years old who commits a crime shall be subjected to the appropriate proceedings, and if charged with a crime punishable by penalty above Level 4 shall be tried as an adult and, if convicted, liable to the penalty of imprisonment.
An insane person does not incur criminal responsibility. A person acting in self defense or in defense of another does not incur criminal responsibility. Self defense is the proportionate action done in response to actual illegal attack. Lawful act. A person who, while performing a lawful act with due care, causes an injury or damage does not incur criminal responsibility. Lawful order or authority. A person acting under lawful order or authority unless such order or authority is clearly not for a lawful purpose does not incur criminal responsibility.
A person compelled to act by reason of fear, intimidation, force, threat or some lawful cause does not incur criminal responsibility. Imminent harm. A person who, acting to avoid an imminent harm, causes injury or damage does not incur criminal responsibility. Persons responsible.
A person committing a crime is either a principal or an accessory. Principals are persons who commit a crime personally or through another. Persons who agreed to commit a crime and commit it, regardless of the nature or extent of participation, shall be punished as principals.
Accessories are persons who aid, abet or assist a principal. An attempt to commit a crime shall be punishable only when provided by this Code or other special penal laws. Modifying circumstances. The two kinds of modifying circumstances are aggravating circumstances and mitigating circumstances. An aggravating circumstance results in the imposition of the penalty in the higher range due to the presence of particular circumstances manifesting a greater criminal perversity of the accused as shown in the brutal and excessive manner or method which was consciously adopted to facilitate the commission of the crime; or the taking advantage of physical or mental disability or age to ensure impunity; or the flagrant disregard of the accused of special personal conditions of the victim; and other analogous circumstances.
A mitigating circumstance results in the imposition of the penalty in the lower range due to the presence of particular circumstances manifesting a lesser criminal perversity of the accused; or showing that he has a mental disability, or has acted under a diminished exercise of freedom of action, intelligence, or intent, or is suffering from a physical or mental defect that restricts his means of action, defense or communication; or due to the fact that the resulting injury is greater than what was intended; and other analogous circumstances.
Philippines - Revised Penal Code of the Philippines (Act No. ).
The court shall consider the established facts in the appreciation of the modifying circumstances. Chapter 3 Penalties in General Section Purpose of penalties. Penalties are imposed for punishment, reformation and rehabilitation. Civil liability. An accused convicted of a crime shall be held civilly liable for damages that have been proved. An accused acquitted of a crime by reasonable doubt may be held civilly liable where the evidence so warrants.
Kinds of penalties.
The kinds of penalties that may be imposed are: Imprisonment is the deprivation of liberty by judicial decree through commitment of the offender for a fixed duration to any correctional facility. Fine is the fixed monetary sanction imposed by a judge based on the severity of the crime committed and the ability to pay off the offender.
It is imposed either as a single or alternative penalty for the commission of a crime. Suspension or cancellation of benefits or corporate privileges.
Community service is performance of unpaid work by an offender to compensate the injury inflicted to society by the crime committed.
It may be imposed by the court, with the consent of the offender, as an alternative penalty to imprisonment, or for probation or parole. Disqualification or suspension permanently or for the duration of the sentence - deprives the offender of public office, profession or employment, elective or appointive, and any similar office or employment 6.
Suspension of the right to vote or be voted for in any election 7. Civil interdiction for the duration of the sentence imposed - deprives the offender of parental authority over children, guardianship rights, or the right to manage and dispose of property 8.
Forfeiture of benefits is the disqualification of the offender from receiving any portion or all of benefits 9. Confiscation and forfeiture of proceeds and instruments of crime is integral to every penalty. Proceeds and instruments of a crime shall be confiscated in favor of the State unless they belong to a third party or are not subject of lawful commerce. Imposition of penalties.
The imposition of penalties shall be guided by the following: The court shall impose the principal penalty or alternative penalty and the accessory penalties, as applicable.
Fine as a principal penalty or an alternative penalty shall be equivalent to a multiple of the average daily income of the offender but in no case lower than the daily minimum wage of the place where the crime is committed, or the value of the property, in cases of property crimes.
Subsidiary penalty of community service shall be imposed when the offender fails to pay the fine. Probation may be availed of for Level 1 and 2 crimes.
A first time offender of a Level 1 crime shall render community service upon application and approval of the Court. Community service may be included as one of the conditions for probation in Level 2 crimes. The duration of community service shall be equivalent to the prison term.
The object, instrument or proceeds of the crime shall be destroyed, confiscated or forfeited. The court shall order the return of the property or its equivalent and indemnification as damages. Computation of penalties. The computation of penalties shall be guided by the following: Penalties shall be computed from the day the judgment becomes final.
Preventive detention shall be credited to the term of imprisonment imposed. Execution of penalties. The execution of penalties shall be guided by the following: The sentence shall be suspended if the offender becomes insane.
The penalty of two or more imprisonment terms shall be served successively, but in no case shall a person be imprisoned for more than 40 years. Extinction of criminal responsibility. Criminal responsibility is extinguished by: Service of penalty 2. Amnesty 3.
Absolute Pardon 4. Prescription 5. Amicable settlement - , except in cases of crimes against the State, and subject to the court's discretion and approval, considering all relevant circumstances of the case in the interest of justice and peace Section Diminution of criminal responsibility.
Criminal responsibility is diminished by: Conditional pardon 2. Commutation of sentence 3. Parole 4. Probation Section Prescription of crimes. The prescription of crimes shall be governed by the following rules: Up to 40 years. The Corpus Juris. Retrieved December 13, Retrieved from " https: Criminal codes Philippine criminal law.
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.
Revised Penal Code of the Philippines
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,.
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