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, robberytheft, 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.
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.[3]
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.[4] 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.[3] 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.[4]
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.[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]
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.[7]
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.
Civil interdiction for life or during the period of the sentence as the case may be, and perpetual absolute disqualification
Reclusión temporal
12 years and one day to 20 years
12 years and one day to 14 years and 8 months
14 years and 8 months to 17 years and 4 months
17 years 4 months and 1 day to 20 years
Prisión mayor
6 years and one day to 12 years
6 years and 1 day to 8 years
8 years and 1 day to 10 years
10 years and 1 day to 12 years
If disqualification is imposed, 12 years and 1 day
Temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage
Prisión correccional
Correctional
6 months and one day to 6 years
6 months and 1 day to 2 years and 4 months
2 years, 4 months and 1 day to 4 years and 2 months
4 years, 2 months and 1 day to 6 years
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.
Suspension
If suspension is imposed, 6 years
Destierro
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 250 and not less than 25 kilometers from the place designated.
Arresto mayor
1 month and 1 day to 6 months
1 month to 2 months
2 months and 1 day to 4 months
4 months and 1 day to 6 months
Suspension of the right to hold office and the right of suffrage during the term of the sentence
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
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.
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
Yes
All other cases
Yes
Search warrants maliciously obtained and abuse in the service of those legally obtained
₱200,000
Yes
Searching domicile without witnesses
Yes
Prohibition, interruption and dissolution of peaceful meetings
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
For purposes of this section, and elsewhere when cited, a public officer is a anyone who takes part in public functions of the government of the Philippines.
Other crimes committed by public officers are included in the Anti-Graft and Corrupt Practices Act, and other laws.
Agrees to perform the crime in connection with his duties, in consideration with an offer
Not less than the value of the gift and not more than three times such value
Special temporary disqualification
Yes
If the gift was accepted by the officer in consideration of the execution of an act which does not constitute a crime, and the officer executed said act
Not less than the value of the gift and not more than twice such value
Yes
If the gift was accepted by the officer in consideration of the execution of an act which does not constitute a crime, and the officer did not execute said act
Yes
If the object for which the gift was received or promised was to make the public officer refrain from doing something which it was his official duty to do
Not less than the value of the gift and not more than three times such value
If the injured person shall become insane, imbecile, impotent, or blind
Yes
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 or shall have lost the use of any such member, or shall have become incapacitated for the work
Yes
If the person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work
Yes
If the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty days
Yes
Administering injurious substances or beverages
Same as serious physical injuries.
Less serious physical injuries
If the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for 10 days or more
Yes
If manifest intent to insult or offend the injured person, or under circumstances adding ignominy to the offense
₱50,000
Yes
Inflicted upon the offender's parents, ascendants, guardians, curators, teachers, or persons of rank, or persons in authority
Yes
Slight physical injuries and maltreatment
If the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance
Yes
If it caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance[a]
₱40,000
Yes, or fine.
If the offender shall ill-treat another by deed without causing any injury
Yes, or fine
Rape, when offender has carnal knowledge of a woman
All other cases
Yes
If done with a deadly weapon
Yes
If victim became insane
Yes
If rape is attempted and homicide is committed
Yes
If rape and homicide is committed
Yes
When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim
Yes
When the victim is under the custody of the police or military authorities or any law enforcement or penal institution
Yes
When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity
Yes
When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender
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 agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime
Yes
When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability
Yes
When the offender knew of the pregnancy of the offended party at the time of the commission of the crime
Yes
When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party
Yes
Rape, if inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person
Whenever the rape is committed with the use of a deadly weapon or by two or more persons
Yes
When by reason or on the occasion of the rape, the victim has become insane
If value is more than 1,200,000 pesos but less than 2,200,000 pesos
Yes
If value is more than 20,000 pesos but less than 600,000 pesos
Yes
If value is more than 5,000 pesos but less than 20,000 pesos
Yes
If value is more than 500 pesos but less than 5,000 pesos
Yes
If value is less than 500 pesos
Yes
If value is less than 500 pesos, and enter an enclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner
Yes
If value is less than 500 pesos, and if offender under the impulse of hunger, poverty, etc.
An amount equal to the value of said damages to 3 times such value
If imprudent act caused some wrong, and if done maliciously, would have been a light felony[a]
₱40,000
Title Fifteen: Final provisions
This includes provisions on crimes committed prior to the code to be applied under the laws at that time, and a repealing clause.
Other penalties
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.
Presidential Decree No. 749, granted immunity to givers of bribes
Presidential Decree No. 818, increased penalties for estafa
Presidential Decree No. 1602, increased penalties for illegal gambling (later amended by Republic Act No. 9287)
Presidential Decree No. 1613, amended the law on arson
Presidential Decree No. 1866, regulated firearms (later amended by Republic Act No. 10591, otherwise known as the Comprehensive Firearms and Ammunition Regulation Act)
Republic Act No. 9287, criminalized human trafficking (later expanded by Republic Act No. 10364, otherwise known as the Expanded Anti-Trafficking in Persons Act of 2012)
