REVISED PENAL CODE STUDY SUMMARY

Article No. Law Key Takeaways

BOOK ONE
GENERAL PROVISIONS

Art. 1 Time when act takes effect Friday, January 1, 1932

Art. 2 Application of provisions applicable in and out PH if:

1. commit offense on PH ship/plane
2. forge PH currency
3. connected with bringing said fake money
4. offense during public official duty
5. crime against national security

CHAPTER ONE: FELONIES

Art. 3 Definitions 1. felonies - acts punishable by law

2. deceit - with deliberate intent
3. fault - due to imprudence, negligence

Art. 4 Criminal Liability for any person commit felony or even

impossible crime

Art. 5 Duty of the court in connection with court has powers to repress even if act not
acts which should be repressed but punishable by law if they deem it proper;
which are not covered by the law, same rule applies to mitigating excessive
and in cases of excessive penalties

Art. 6 Consummated, frustrated, Felony phnishable in all instances:

attempted felonies Consummation - accomplished
Frustrated - did the act, but failed the crime
Attempted - failed to successfully do the act

Art. 7 When light felonies are punishable punishable only when consummated

Art. 8 Conspiracy and proposal to commit felony conspiracy - persons agree to commit felony
proposal - person invites others to felony

Art. 9 Grave, less grave, light felonies Grave - capital punishment

less grave - correctional penalties
light - arresto menor (1-30d;Php200)

Art. 10 Offenses not subject to provisions of this Code special codes covering specific crimes are
superior; this Code is only supplementary
 CHAPTER TWO: JUSTIFYING CIRCUMSTANCES AND
CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL

Art. 11 Justifying Circumstances (does not incur crim li) 1. act in self defense
2-3. act in defense of others
4. act done to avoid a greater threat or evil
5. act done in fulfillment of duty
6. " " " obedience to superior w/ licit purpose

Art 12 Circumstances which exempt from criminal 1. insane person (unless act during lucidity)
liability 2. under 9 y.o
3. person >9 but < 15
4. crime in accident; no ill intention
5. acts in compulsion to irresistible force
6. acts out of fear of greater injury
7. unable to do act of law due to lawful cause

CHAPTER THREE: CIRCUMSTANCES WHICH MITIGATE

CRIMINAL LIABILITY

Art. 13 Mitigating Circumstances 1. preceding chapter, if requisites for

exemption are not met
2. minor, or senios citizen offender
3. didn't intent to commit such grave offense
4. endure sufficient provocation prior the act
5. immediate vindication of a grave offense
6. acted upon powerful natural impulse
7. voluntary surrender before prosecution
8. offender is deaf/dumb/blind, etc
9. illness depriving him of willpower
10. any circumstance of similar to above

CHAPTER FOUR: CIRCUMSTANCES WHICH

AGGRAVATE CRIMINAL LIABILITY

Art. 14 Aggravating Circumstances 1. taking advantage of public position

2. committed in contempt to publish officials
3. " with insult; or in offended party's home
4. abuse of confidence; or ungratefulness
5. done in public office or religious place
6. done at night/in uninhabited area/by band
7. committed during calamity of misfortune
8. if aided by armed men insuring impunity
9. accused is a recidivist (repeating offender)
10. previous => crim li or 2/> lighter penalties
11. crime committed in consideration of price
12. commit by means of destruction. Etc.
13. with evident premeditation
14. craft, fraud, disguise was employed
 15. advantage taken of superior strength
16. committed with treachery
17. w/ means to add ignominy(public shame)
18. committed after unlawful entry
19. broke wall/roof/window, etc in process
20. with the aid of <15, or motorized vehicle
21. deliberately augmenting the wrongdoing;
unneccessary additional wrongdoings

CHAPTER FIVE: ALTERNATIVE CIRCUMSTANCES

Art. 15 Their concept 1. things which must be taken into account

as aggravating or mitigating according to:
relationship, indoxication, education

TITLE TWO
PERSONS CRIMINALLY LIABLE FOR PENALTIES

Art. 16 Who are criminally liable principal, accomplice, accessory; exclude

accessory if light felony

Art. 17 Principals direct participants in execution and planning

Art. 18 Accomplices ccoperate in the execution or planning

Art. 19 Accessory with knowledge but no participation:

1. profited or assist to profit
2. conceal or destroy body of crime
3. assist in the criminals escape, any felony
for abuse of ones public functions, and
specific crimes for private individuals

Art. 20 Accessories who are exempt from crim li exempted if natural or legitimate relation to
the accused; except if there is profiteering
2/> lighter penalties
nsideration of price