Revised Penal Code of the Philippines
Encyclopedia
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.
, 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.
or homicide
, rape
, robbery
and theft
, and treason
.The Code also penalizes other acts which are considered criminal in the Philippines, such as adultery
, concubinage
, and abortion
. The Code expressly defines the elements that each crime comprises, and the existence of all these elements have to be proven beyond reasonable doubt in order to secure conviction.
Not all crimes in the Philippines are penalized under the Code. Certain acts, 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 graduation 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 impossible under the Revised Penal Code is reclusion 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.
Philippine Criminal Law
Philippine Criminal Laws is the body of laws defining crimes and defining the penalties thereof in the Philippines.-History:The Philippines was a colony of Spain for more than 300 years, beginning in 1565 until 1898...
. 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 Spanish Penal Code, which was in force in the Philippines from 1886 to 1930. The new Code was drafted by a committee created in 1927, and headed by Judge Anacleto DiazAnacleto Diaz
Anacleto Díaz was a Filipino jurist who served as an Associate Justice of the Supreme Court.-Profile:...
, who would later serve on the Supreme Court
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
. 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 murderMurder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
or homicide
Homicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
, rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
, robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
and theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
, and treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
.The Code also penalizes other acts which are considered criminal in the Philippines, such as adultery
Adultery
Adultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
, concubinage
Concubinage
Concubinage is the state of a woman or man in an ongoing, usually matrimonially oriented, relationship with somebody to whom they cannot be married, often because of a difference in social status or economic condition.-Concubinage:...
, and abortion
Abortion in the Philippines
The basic status of Abortion in the Philippines is that it is illegal, or banned by rule of law.- Legal basis for Philippine abortion ban :Article II of the 1987 Philippine Constitution says, in part, "Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the...
. The Code expressly defines the elements that each crime comprises, and the existence of all these elements have to be proven beyond reasonable doubt in order to secure conviction.
Not all crimes in the Philippines are penalized under the Code. Certain acts, such as the illegal possession of firearms, are penalized under special legislation contained in Republic Acts
Republic Acts of the Philippines
This article contains a partial list of Philippine laws. Philippine laws have had various nomenclature designations at different periods in the history of the Philippines, as shown in the following table:...
. The most notable crimes now excluded from the Revised Penal Code are those concerning illegal drug use or trafficking
Illegal drug trade
The illegal drug trade is a global black market, dedicated to cultivation, manufacture, distribution and sale of those substances which are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug prohibition laws.A UN report said the...
, 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
Aggravation (legal concept)
Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself."...
, exempting and mitigating circumstances
Extenuating circumstances
In law, extenuating circumstances in criminal cases are unusual or extreme facts leading up to or attending the commission of the offense which, though an offense has been committed without legal justification or excuse, mitigate or reduce its gravity from the point of view of punishment or moral...
, the appreciation of which affects the graduation of penalties
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
. 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
Republic Acts of the Philippines
This article contains a partial list of Philippine laws. Philippine laws have had various nomenclature designations at different periods in the history of the Philippines, as shown in the following table:...
. 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
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
had been classified as a crime against chastity
Chastity
Chastity refers to the sexual behavior of a man or woman acceptable to the moral standards and guidelines of a culture, civilization, or religion....
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
Capital punishment in the Philippines
Capital punishment in the Philippines has a varied history and was abolished on June 24, 2006 .Filipinos have mixed opinions about the death penalty, with many opposing it on religious and humanitarian grounds, while others advocate it as a way of deterring crimes.-Spanish and American...
, the highest penalty currently impossible under the Revised Penal Code is reclusion perpetua
Reclusion perpetua
Reclusión perpetua is a particular kind of sentence of imprisonment in the Philippines, Argentina, and several other countries....
, which ranges from 20 years and 1 day to 40 years imprisonment. The penalty of life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
is not provided for in the Revised Penal Code, although it is imposed by other penal statutes such as the Comprehensive Dangerous Drugs Act.