REVISED PENAL CODE OF THE PHILIPPINES

GENERAL PRINCIPLES

Criminal Law – branch of public law that defines crimes, treats of their nature, and
provides for their punishment.

Crimes - act committed or omitted in violation of a public law forbidding or commanding

it.

A. SOURCES OF PHILIPPINE CRIMINAL LAW

1. Revised Penal Code and its amendments.

2. Special Penal Laws passed by the Philippine Commission, Philippine

Assembly, Philippine Legislature, National Assembly, Congress of the
Philippines, and Batasang Pambansa.

3. Penal Presidential Decrees issued during Martial Law.

State has the Authority - Power to define and punish crimes. (Police power)

B. LIMITATIONS ON THE POWER TO ENACT PENAL LEGISLATION:

1. No ex post facto law or bill of attainder

Ex post facto Law:

a. innocent act before the passage of the law made criminal and punishes
such an act.

b. aggravates a crime than it was when committed.

 c. changes and inflicts a greater punishment than it supposed to be when
committed.
d. alters legal rules, authorizes conviction upon less or different testimony
than the law required of the commission of the offense.

e. assumes to regulate civil rights and remedies only, imposes penalty or

deprivation of a right for something which was done lawful.

f. deprivation of the accused of some lawful protection which he has

become entitled.

Bill of Attainder:
Legislative act which inflicts punishment without trial

Essence: substitution of a legislative act for a judicial determination of guilt

Additional: Ex post facto law – prejudicial to the accused

C. CONSTITUTIONAL RIGHTS OF THE ACCUSED:

1. right to speedy disposition of their cases before judicial, quasi-judicial or

administrative bodies.

2. Not held liable for criminal offense without due process of law

3. Right to bail of all those charged with strong evidence of guilt.

Except: “reclusion perpetua”
(no excessive bail shall be required)

4. Innocent until proven otherwise

 Right to be heard by himself and counsel
Be informed of the nature and cause of accusation
Speedy, impartial and public trial
Meet witnesses face to face
Secure attendance of witnesses and evidence against the accused

5. Cannot be compelled as witness against himself

6. Excessive fines shall not be imposed, including cruel or inhuman punishment.

7. No double jeopardy

8. free access to courts and adequate legal assistance not denied by reason of
poverty.

D. STATUTORY RIGHTS OF AN ACCUSED

1. Innocent until contrary is proven.

2. Informed of nature and cause of the accusation.

3. to defend in person and by counsel at every stage of the proceedings, from

arraignment to promulgation of judgment.

4. be witness in his own behalf, subject to cross-examination. Silence shall not

prejudice him.

5. exempt from being witness against himself.

6. confront and cross-examine the witness against him at the trial.

 7. compulsory process to secure attendance of the witnesses and production of
evidence

8. to have speedy, impartial and public trial.

9. to appeal in all cases allowed and in the manner prescribed by law.

*Rights may be waived – personal right

*Rights may not be waived – involve public interest

E. CHARACTERISTICS OF CRIMINAL LAW

1. GENERAL – binding on all persons who live or sojourn in Philippine Teritory

Except: a. Treaties or treaty stipulation

Bases Agreement; Visiting Forces Agreement

US-RP Bases Agreement:

1. offense committed within any base

Except: offender and offended are both Philippine Citizens
Offense against Philippine security

2. Offense committed outside the base, by any US army offending

another member of the US army

3. Offense committed outside bases by any US army member

against US security
US-RP Visiting Forces Agreement

1. US military law have jurisdiction within the Philippines all criminal

and disciplinary offenses of the US personnel in RP

2. offenses relating to security of US punishable under US laws, but

not under RP laws

3. offenses solely against property or security of US or against US

personnel

b. offenses arising out of act or omission in the performance

of official duty

b. Law of preferential application – in favour of diplomatic

representatives and domestic servants
(RA no. 75)

Persons – sovereigns and other chief of states

- ambassadors, ministers
plenipotentiary, ministers resident, charges
d’affaires

Not exempted: Consul, vice-consuls and other commercial

representatives
2. TERRITORIAL – punish crimes within Philippine Territory
- Philippine territory ( atmosphere, internal waters, and maritime zone)
: Article 1- national territory

Except:
a. crime committed while in Philippine ship or airship

b. forge or counterfeit Philippine coin or currency; or obligations and

securities issued by the government of the Philippines
c. Acts connected to introduction of these obligations and securities
in the Philippine islands

d. public officers committing an offense in the exercise of their

functions

e. commit any crimes against national security and law of nations

3. Prospective – crimes punished under the laws in force at the time of their
commission.

Except: retroactive law is favourable to the accuse not habitual delinquent

of the crime

Exceptions to the exception:

a. new law expressly made inapplicable to pending actions

b. offender is a habitual criminal under Rule 5, Art. 62

F. EFFECTS OF REPEAL ON A PENAL LAW:

a. repeal makes penalty lighter, new law shall be applied

except: i. offender is a habitual delinquent

ii. made not applicable to pending action or existing causes

of action

b. imposes heavier punishment, law in force in the time of

commission shall be applied
c. new law totally repeals existing law, act under old law no longer
punishable = crime ceases to be one

i. Absolute repeal = offense ceases to be criminal

ii. Old law and new law penalize same offense = old law shall apply

iii. Old law fails to penalize the offense – accused cannot be

convicted under new law

G. CONSTRUCTION OF PENAL LAWS:

1. Penal laws are strictly construed against the Government and liberally
in favour of the accused.
(when the law is ambiguous or doubtful as to its interpretation)

2. Spanish text is controlling, for Philippine Legislature approved it in

Spanish text
 (e.g. homicide committed even by result of mere accident) –
(compared to:

English text that “homicide should be intentionally committed)

REVISED PENAL CODE (Act. No 3815, as amended)

Preliminary Article – This law shall be known as “The Revised Penal Code.”

History
Called as the Revised Penal Code

Committee created by Administrative Order No. 94 on October 18, 1927

(Analecto Diaz- chairman; members: Quintin Paredes, Guillermo

Guevarra, Alex Reyes and Mariano de Joya) to revise the Old Penal Code

Old Penal Code revised by the committee: effect on July 4, 1887 and
lasted to December 31, 1931

Revised Penal Code: approved- December 8, 1930 and

effect on January 1, 1932

Book One- a. Basic principles of criminal liability

b. provisions on penalties including criminal and civil liability

Book Two- felonies with corresponding penalties, classified and grouped under
fourteen different titles
ARTICLE 1. Time when Act takes effect. – This Code shall take effect on the first
day of January, nineteen hundred
and thirty-two.

A. Classical theory- element of human free will

- man as rational being ( choose between good and evil)
- crime and penalty

Penalty: RETRIBUTION

B. Positivist Theory – crime essentially as social and natural phenomenon

- man forced to do crimes due to natural forces

Penalty: REFORMATION

ARTICLE 2. Application of its provisions. Except as provided in the treaties and

laws of preferential application, the
provisions of this Code shall be enforced
not only within the Philippine Archipelago,
including its atmosphere, its interior
waters, and maritime zone, but also outside
of its jurisdiction, against those who:

1. Should commit any offense while on a Philippine ship or airship

2. Should forge or counterfeit any coin o currency note of the Philippine

Islands or obligations and securities issued by the Government of
the Philippine Islands
3. Should be liable for acts connected with the introduction into these
Islands of the obligations and securities mentioned in the preceding
number

4. While being public officers or employees, should commit an offense in

the exercise of their functions

5. Should commit any of the crimes against national security and the law of
nations, defined in the Title One of the Book Two of this Code

Except: Treaties and Laws of Preferential Application

General: Code shall be enforced not only within it territory but also outside its
jurisdiction against those who:

A. crime committed while in Philippine ship or airship (on the high seas)
-Ship registered to Bureau of customs

No jurisdiction: crime on high seas on vessel not registered in the

Philippines
(even owner: Filipino citizen)

B. forge or counterfeit Philippine coin or currency; or obligations and

securities issued by the government of the Philippines
(even done in the foreign country)
C. Acts connected to introduction of these obligations and securities in the
Philippine islands
(dangerous to the economic interest of the state)

D. public officers committing an offense in the exercise of their functions:

direct or indirect bribery,

frauds against public treasury,

possession of prohibited interest,

malversation of public funds,

illegal use of public funds,

falsification.

(committed in the exercise of function, including those done abroad)

E. commit any crimes against national security and law of nations:

Treason

conspiracy and proposal to commit treason

espionage

piracy and mutiny to high seas

REGIONAL TRIAL COURT – RTC where the charge is first filed, have
original jurisdiction to cases committed
on high seas, with ships registered to
Philippines

Except: Treaties and Laws of Preferential Application

Included:
i. “its atmosphere” – all air space covering its territory, subject to
right of way of foreign aircrafts

ii. interior waters” – within three-mile limit

iii. “maritime zone”- three miles from the coastline, starling from
the low water mark

*Merchant vessel / warship – not triable by our courts; it is an extension

of the country’s territory

Cargo Vessel (Commercial):

French Rule. Not triable in the courts of that country, unless

commission affects peace and security of the State

English Rule. Triable in the courts of the country, unless it merely

affects things within the vessel, referring to internal
management only
ARTICLE 3. Defnition. Acts and omissions punishable by law are felonies (delitos)

Felonies are committed not only by means of deceit (dolo) but

also by means of fault (culpa)

There is deceit when the act is performed with deliberate

intent; and there is fault when the wrongful act results
from imprudence, negligence, lack of foresight, and lack
of skill

A. FELONIES – acts and omissions punishable by the Revised Penal Code

Committed:
by deceit (deliberate intent with MALICE) and

by fault (culpa without malice)

B. Elements:

1. An act or omission

2. punishable by the Revised Penal Code

3. incurred by means of dolo or culpa

DEFINITIONS:

*Act- overt act affecting the external world

But must be defined in the revised penal code as constituting a FELONY

 * Omission- INACTION, failure to perform a positive duty
e.g. abandonment of persons in danger

“NO CRIME WHEN THERE IS NO LAW PUNISHING IT “

(nullem crimen, nulla poena sine lege)– omission of an act

C. Classification of Felonies

1. Intentional Felony – criminal intent + unlawful act

Intention to cause injury and act with malice

Requisites:

A. Freedom – necessary for a human being not to be a mere tool for the
commission of a crime

Exception from criminal liability:

a. person under compulsion of irresistible force

b. person acting under impulse of uncontrollable fear

B. Intelligence – power necessary to determine the morality of human

acts (to know what’s right from wrong)

Exception:
a. imbecile or insane

b. infant under 9 years old

 c. minor over nine but less than fifteen acting without discent

C. Intent - mere intention (internal without over acts = not criminally liable)
- intention must be manifested in the commission of a
unlawful act

- intent ---- overt acts

Legal maxims: Actus non facit reum nisi mens sit rea – act itself does not
make a man guilty unless his intention were so

Actus me invite factus non est meus actus –

act done by me against my will is not my act

2. Culpable Felony – without malice + unlawful act

Requisites:
Freedom
Intelligence
Unintentional and without malice
(Criminal intent = negligence, imprudence, lack of skill, lack of foresight)

*Imprudence- deficiency of action (lack of skill)

*Negligence- deficiency of perception (lack of foresight)

MISTAKE OF FACT – no intent + lawful act

1. Act would have been lawful based on the believed knowledge of the accused.
2. Intention in performing an act is lawful

3. done without fault or carelessness

NOTE: To counter intentional felony = claim of absence of criminal intent (GOOD
FAITH)

To counter culpable felony = Due DILIGENCE

Wrongful act without malice or fault = mere accident (exempt from criminal
liability)

3. Third Class of Crimes – punished by special laws

- DOING PROHIBITED ACT IS CRIME ITSELF

- intent to commit crime is not necessary, enough to have intent to

perpetrate the act

Intent commit the crime = criminal intent

Intent to perpetrate the act = enough that prohibited act, done freely and
consciously

Exception: no intent to perpetrate the act

GOOD FAITH and ABSENCE OF CRIMINAL INTENT – not valid

defences from crimes punished by special laws

Mala in se – wrongful from their nature such as theft, rape, homicide

Mala prohibita – wrong merely by prohibition by the statute, such as illegal

possession of firearms
 MOTIVE- moving power which impels one to action for a definite result. Intent is
the purpose to use a particular means to effect such result

- not essential element of crime but essential when identification of

accused is doubtful

*How it is proved:

a. by Evidence

b. testimony of witnesses

ARTICLE 4. CRIMINAL LIABILITY. Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act

done be different from that which he intended

2. By any person performing an act which would be an offense against

persons or property, were it not for the inherent impossibility of its
accomplishment or on the account on the employment of inadequate
or ineffectual means

Except: justifying circumstances in article 11 and Article 12

1. By any person committing a felony (delito) although the wrongful

act done be different from that which he intended

A. RATIONALE of Paragraph 1: he who is the cause of the cause is the

cause of the evil caused
B. Important terms (Par. 1)

1. committing a felony

a. Felony has been committed (punishable by RPC)

EXCEPTIONS to Paragraph 1: No felony is committed:

a. act or omission not punishable under RPC

(e.g. attempting to commit suicide, self-defense,
policeman on duty with due care)

b. acts covered by any justifying circumstances in Article 11

c. act or omission – punishable by special law

2. although the wrongful act done be different from that which

intended.

Causes which may produce this result:

1. Mistake in identity of the victim – error in personae

2. Mistake in blow – aberration ictus

3. Greater injury than intended - praetor intentionem

C. Requisites of Par. 1
1. Intentional Felony

2. Wrong done to the aggrieved party be direct, natural and

logical consequences of the felony committed

Definitions:
NATURAL – occurrence in the ordinary course of human life or events

LOGICAL – a rational connection between the act of the accused and the
resulting injury.

ILLUSTRATIONS:

i. victim was threatened or chased by the accused

ii. victim removed drainage from the wound due to extreme pain
and restlessness of the wound for the victim

iii. erroneous or unskilful medical procedure trying to treat wound

caused by the accused

iv. victim suffering from internal malady

a. Blow Efficient Cause of death

b. Blow Accelerated Cause of death

c. Blow Proximate Cause of death

 v. offended party refused to submit to surgical operation

vi. resulting injury aggravated by infection

*Resulting injuries from immediate sense of danger of a person
created by another person – latter is liable for the injuries

I. Proximate Cause
- that cause, which, in natural and continuous sequence, unbroken by
any efficient intervening cause, produces the injury, and without
which the result would not have occurred.

EFFICIENT INTERVENING CAUSE

a. active force that intervened between the felony committed and

the resulting injury (foreign force)

“active force”: distinct act absolutely foreign from felonious act of

the accused

b. resulting injury is due to intentional act of the victim

2. Any person performing an act against persons or property, were it not

for the inherent impossibility of accomplishment or on account of
the employment of inadequate or ineffectual means.

A. IMPOSSIBLE CRIME
- penalty provided in Art. 59 of RPC
B. Requisites:
1. Act performed against persons or property

2. act done with Evil Intent

3. Inherently impossible accomplishment, means employed inadequate

or ineffectual

4. Should not constitute a violation on the revised penal code

Felonies against persons:

Parricide
Murder
Homicide
Infanticide
Abortion
Duel
Physical Injuries
Rape

Felonies against property:

Robbery
Brigandage
Theft
Usurpation
Culpable Insolvency
Swindling and other deceits
Chattel Mortgage
Arson and other crimes involving destruction
Malicious Mischief
 *Purpose of punishing Impossible Crime – suppress criminal propensity or
criminal tendencies
Objectively – not committed a felony
Subjectively – he is a criminal

ARTICLE 5. Duty of the court in connection with acts which should be repressed
but which are not covered by the law, and in cases of excessive
penalties. – Whenever a court has knowledge of any act which it may
deem proper to repress and which is not punishable by
law, it shall render the proper decision and shall report
to the Chief Executive, through the Department of
Justice, the reasons which induce the court to believe
that said act should be made the subject of penal
legislation.

In the same way, the court shall submit to the Chief Executive,
through the Department of Justice, such statement as may be
deemed proper, without suspending the execution of the sentence,
when a strict enforcement of the provisions of this Code would result
in the imposition of a clearly excessive penalty, taking into
consideration the degree of malice and injury caused by the offense.

A. Requisites Par. 1
Trial of a criminal case:
1. Act committed by accused appears not punishable by any law

2. Court deems it proper to repress such act

3. Court must render proper decision by dismissing the case and

acquitting the accused
 4. Judge must make a report to the Chief Executive through
Secretary of Justice, stating reasons which induce him to
believe that said act should be made the subject of penal
legislation

RATIONALE:
Acts not punishable by law but should necessarily be repressed

- Acquit and dismiss but report to the Chief Executive through

Secretary of Department of Justice

B. In cases of excessive penalties (Par. 2)

Requisites:
1. Court after trial finds accused guilty

2. Penalty provided by law – appears to be clearly excessive:

a. accused acted with lesser degree of malice
b. No injury or injury caused is of lesser gravity

3. Court should not suspend the execution of sentence

4. Judge should submit statement to Chief Executive, through Secretary of

Justice, recommending executive clemency

NOTE: Penalty not excessive when intended to enforce a public policy

RATIONALE:
Excessive fines for a lesser crime
- Execute the punishment but report to the Chief Executive for grants of
Executive Clemency

*Executive Clemency recommended:

1. Wife who killed her cruel husband

2. Severity of penalty for rape

DURA LEX SED LEX!