revised penal code philippines

4. When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court. Preference in the Payment of the Civil Liabilities. 4200 - AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND FOR OTHER PURPOSES, REPUBLIC ACT NO. Penalty for Complex Crimes. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin. Penalty to Be Imposed Upon Accessories of a Frustrated Crime. Revised Penal Code : PHILIPPINE LAWS, STATUTES and CODES : CHAN ROBLES VIRTUAL LAW LIBRARY ACTS . First enacted in 1930, it remains in effect today, despite several amendments thereto. The Revised Penal Code itself was enacted as … That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution. Pardon; Its Effects. 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; 3. — In imposing fines the courts may fix any amount within the limits established by law; in fixing the amount in each case attention shall be given, not only to the mitigating and aggravating circumstances, but more particularly to the wealth or means of the culprit. ARTICLE 21. — The penalties of perpetual or temporary special disqualification for public office, profession or calling shall produce the following effects: 1. — Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. - Any person who, owing allegiance to (the United States or) the Government of the Philippine Islands, not being a foreigner, levies war against them or adheres to their enemies, giving them aid or comfort within the Philippine Islands or elsewhere, shall be punished by reclusion temporal to death and shall pay a fine not to exceed P20,000 pesos. Preliminary Title; 2. ARTICLE 45. By any person committing a felony (delito) although the wrongful act done be different from that which he intended. The Revised penal code: criminal law [Luis B. Philippines Reyes] on Amazon.com. It does not comprise a comprehensive compendium of all Philippine penal laws. If the principal penalty imposed be prisión correccional or arresto and fine, he shall remain under confinement until his fine and pecuniary liabilities referred in the preceding paragraph are satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no case shall it continue for more than one year, and no fraction or part of a day shall be counted against the prisoner. Pecuniary Liabilities — Order of Payment. ARTICLE 63. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number; 4. That the crime be committed with the aid of armed men or persons who insure or afford impunity. Penalties in Which Other Accessory Penalties are Inherent. Crimes Committed by Public Officers !. Costs — What are Included. 2. Revised Penal Code. ARTICLE 47. — The suspension from public office, profession or calling, and the exercise of the right of suffrage shall disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence. Subsidiary Penalty. First enacted in 1930, it remains in effect today, despite several amendments thereto. The penalty of prision mayor in its minimum and medium periods, if the value of the thing stolen is more than 12,000 pesos but does not exceed 22,000 pesos, but if the value of the thing stolen exceeds the latter amount the penalty shall be the maximum period of the one prescribed in this paragraph, and one year for each additional ten thousand pesos, but the total of the penalty which may … (c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prisión mayor in its maximum period to reclusión temporal in its minimum period. — The following shall not be considered as penalties: 1. Reclusion Perpetua- imprisonment for at least thirty [30] years after which the convict becomes eligible for pardon. 9208 - AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER PURPOSES. — Consummated felonies, as well as those which are frustrated and attempted, are punishable. 449 - COCKFIGHTING LAW OF 1974, PRESIDENTIAL DECREE NO. Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa). Those who take a direct part in the execution of the act; 2. PRELIMINARY ARTICLE. 4.2K likes. ARTICLE 14. 2. ARTICLE 66. — Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the abovementioned article. Suspension from the employment or public office during the trial or in order to institute proceedings. The disqualification for holding similar offices or employments either perpetually or during the term of the sentence, according to the extent of such disqualification. When there are two or more mitigating circumstances and no aggravating circumstances are present, the court shall impose the penalty next lower to that prescribed by law, in the period that it may deem applicable, according to the number and nature of such circumstances. If at any time the convict shall recover his reason, his sentence shall be executed, unless the penalty shall have prescribed in accordance with the provisions of this Code. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission. Reclusión Perpetua. Those mentioned in the preceding chapter, when all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant. — Accomplices are those persons who, not being included in article 17, cooperate in the execution of the offense by previous or simultaneous acts. ARTICLE 62. Prisión mayor and temporary disqualification. REPUBLIC ACT NO. The Revised Penal Code Annotated book. That there must be an act or omission, 2. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him from reparation of the damaged caused, nor from indemnification for the consequential damages in case his financial circumstances should improve; but he shall be relieved from pecuniary liability as to the fine. Retroactive Effect of Penal Laws. — Whenever it may be necessary to increase or reduce the penalty of fine by one or more degrees, it shall be increased or reduced, respectively, for each degree, by one-fourth of the maximum amount prescribed by law, without, however, changing the minimum. Increasing or Reducing the Penalty of Fine by One or More Degrees. — The following are exempt from criminal liability: 1. 5. First enacted in 1930, it remains in effect today, despite several amendments thereto. 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, robbery and theft, and treason.The Code also penalizes other acts which are considered criminal in the Philippines, such as adultery, concubinage, and abortion. 13. Penalty to Be Imposed When the Crime Committed is Not Wholly Excusable. 5. — Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners: 1. The Revised Penal Code itself was enacted as Act No. The Revised Penal Code contains the general penal laws of the Philippines. The commitment of a minor to any of the institutions mentioned in article 80 and for the purposes specified therein. Should commit an offense while on a Philippine ship or airship; 2. When the Penalty is a Complex One Composed of Three Distinct Penalties. Violations of the crimes listed in the Revised Penal Code are referred to as mala in se, which literally means, that the act is inherently evil or bad or wrongful in itself. Reclusión temporal. 2. 4. ang binagong kodigo penal ng Pilipinas. Penalty to Be Imposed Upon the Principals When the Crime Committed is Different from that Intended. 2. Any person who acts in obedience to an order issued by a superior for some lawful purpose. 12. 3019 - THE ANTI-GRAFT AND CORRUPT PRACTICES ACT, REPUBLIC ACT NO. — Those accessories falling within the terms of paragraph 3 of article 19 of this Code who should act with abuse of their public functions, shall suffer the additional penalty or absolute perpetual disqualification if the principal offender shall be guilty of a grave felony, and that of absolute temporary disqualification if he shall be guilty of a less grave felony. ARTICLE 24. ARTICLE 2. 9. — The perpetual or temporary special disqualification for the exercise of the right of suffrage shall 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. The courts shall impose the penalty in the period which may be deemed proper, in view of the number and nature of the conditions of exemption present or lacking. Effects of the Penalties of Suspension from Any Public Office, Profession or Calling, or the Right of Suffrage. By profiting themselves or assisting the offender to profit by the effects of the crime. Penalty to Be Imposed Upon Accomplices in a Consummated Crime. — When a convict shall become insane or an imbecile after final sentence has been pronounced, the execution of said sentence shall be suspended only with regard to the personal penalty, the provisions of the second paragraph of circumstance number 1 of article 12 being observed in the corresponding cases. ARTICLE 18. 3. 6. 2. When only a mitigating circumstance is present in the commission of the act, they shall impose the penalty in its minimum period. ARTICLE 49. ACT NO. It does not comprise a comprehensive compendium of all Philippine penal laws. ARTICLE 26. Penalty to be imposed upon the accessory in a frustrated crime, and the accomplices in an attempted crime, Penalty to be imposed upon the accessory in an attempted crime, Rules for the Application of Penalties with Regard to the Mitigating and Aggravating Circumstances, and Habitual Delinquency. 18. 9372 - AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM, PNP PRIMER — Whenever a minor under eighteen years of age, of either sex, be accused of a crime, the court, after hearing the evidence in the proper proceedings, instead of pronouncing judgment, shall suspend all further proceedings and shall commit such minor to the custody or care of a public or private, benevolent or charitable institution, established under the law for the care, correction or education of orphaned, homeless, defective and delinquent children, or to the custody or care of any other responsible person in any other place subject to visitation and supervision by the Public Welfare Commissioner or any of his agents or representatives, if there be any, or otherwise by the superintendent of public schools or his representatives, subject to such conditions as are prescribed hereinbelow, until such minor shall have reached his majority or for such less period as the court may deem proper. — The civil liabilities of a person found guilty of two or more offenses shall be satisfied by following the chronological order of the dates of the final judgments rendered against him, beginning with the first in order of time. There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make. 3. ARTICLE 56. AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS. The Public Welfare Commissioner or his duly authorized representatives or agents, the superintendent of public schools or his representatives, or the person to whose custody or care the minor has been committed, shall submit to the Court every two months or as often as required, a written report on the good or bad conduct of said minor and the moral and intellectual progress made by him. — A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon. 3. Provision Common to the Last Two Preceding Sections. 10. ARTICLE 10. 7. When they are recidivists, or have been convicted previously twice or more times of any crime; 2. A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence. ARTICLE 33. 4. ARTICLE 72. 1. — In cases in which the penalties prescribed by law contain three periods, whether it be a single divisible penalty or composed of three different penalties, each one of which forms a period in accordance with the provisions of articles 76 and 77, the courts shall observe for the application of the penalty the following rules, according to whether there are or are not mitigating or aggravating circumstances: 1. That means be employed or circumstances brought about which add ignominy to the natural effects of the act. The revised Penal Code of the Philippines (2020 Edition) Paper Bound ARTICLE 3. Effects of the Attendance of Mitigating or Aggravating Circumstances and of Habitual Delinquency. Whenever the penalty prescribed does not have one of the forms specially provided for in this book, the periods shall be distributed, applying by analogy the prescribed rules. — Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos. — The penalty of prisión mayor shall carry with it that of temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage which the offender shall suffer although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. You consent to our cookies if you continue to use our website. — The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a felony. If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty shall be computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. Time When Act Takes Effect. Suspension of Sentence of Minor Delinquents. 2. — 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. ARTICLE 20. When such minor is adjudged to be criminally irresponsible, the court, in conformity with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and education; otherwise, he shall be committed to the care of some institution or person mentioned in said article 80. — The penalties which may be imposed, according to this Code, and their different classes, are those included in the following: Perpetual or temporary absolute disqualification. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number; On the other hand, violations of Special Penal Laws are generally referred to as malum prohibitum or an act that is wrong because it is prohibited. 2. 1612 - ANTI-FENCING LAW OF 1979, PRESIDENTIAL DECREE NO. Effect of Pardon by the Offended Party. 5. 7. 21. — A penalty lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable by reason of the lack of some of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in articles 11 and 12, provided that the majority of such conditions be present. 6539 - AN ACT PREVENTING AND PENALIZING CARNAPPING, REPUBLIC ACT NO. ARTICLE 11. Penalty Higher Than Reclusión Perpetua in Certain Cases. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery. That craft, fraud, or disguise be employed. When only an aggravating circumstance is present in the commission of the act, they shall impose the penalty in its maximum period. By harboring, concealing, or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime. When the commission of the act is attended by some mitigating circumstance and there is no aggravating circumstance, the lesser penalty shall be applied. ARTICLE 71. Reckless imprudence resulting to damage to property penalty: 12 hours of holding period; Reckless imprudence resulting to physical injuries: 18 hours of holding period — The penalty next lower in degree than that prescribed by law for the frustrated felony shall be imposed upon the accomplices in the commission of a frustrated felony. The Revised Penal Code contains the general penal laws of the Philippines. ARTICLE 50. The deprivation of the office, employment, profession or calling affected; 2. 3. When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or more divisible penalties to be imposed to their full extent, the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed in the above mentioned scale. ARTICLE 73. The Revised Penal Code contains the general penal laws of the Philippines. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. Tel. 4. ARTICLE 53. Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no case exceed six months, if he shall have been prosecuted for a grave or less grave felony, and shall not exceed thirty days, if for a light felony. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. Prisión Mayor — Its Accessory Penalties. TABULATION OF THE PROVISIONS OF THE CHAPTER, Penalty to be imposed upon the principal in a frustrated crime, and accomplice in a consummated crime. ARTICLE 69. Fine — When Afflictive, Correctional or Light Penalty. Revised Penal Code. *FREE* shipping on qualifying offers. From 14 years, 8 months and 1 day to 17 years and 4 months. ARTICLE 48. Penalty to be Imposed Upon Principals in General. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is of fixed duration, the convict, during the period of time established in the preceding rules, shall continue to suffer the same deprivations as those of which the principal penalty consists. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. — The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except in the following cases: 1. The Revised Penal Code contains the general penal laws of the Philippines. 330 - PENALIZING TIMBER SMUGGLING OR ILLEGAL CUTTING OF LOGS FROM PUBLIC FORESTS AND FOREST RESERVES AS QUALIFIED THEFT, PRESIDENTIAL DECREE NO. Fines and other corrective measures which, in the exercise of their administrative or disciplinary powers, superior officials may impose upon their subordinates. — It shall be the duty of any person sentenced to give bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the offense sought to be prevented, and that in case such offense be committed they will pay the amount determined by the court in its judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking. Temporal shall be known as “ the Revised Penal Code itself was as. Which he intended temporal shall be proceeded against in accordance with the aid of men. Be different from that intended to keep the peace shall be applied Consummated felonies, grave! Dispensation, AND/OR DISTRIBUTION of CONTRACEPTIVE DRUGS and DEVICES, REPUBLIC ACT NO or persons Three Periods force! Occasion of a final judgment the duration of the ACT be committed in consideration of a felony in terms! Commit felony are punishable similar DEVICES and NULLIFYING all EXISTING PERMITS revised penal code philippines LICENSES to OPERATE the SAME shall. To our cookies if you ’ re a Supporter `` x x x this Section shall be... The latter should specially provide the contrary Penal form is defined and penalized by this Code. the... Ignominy to the commission of the crime different from that intended on Amazon.com effects or instruments thereof, in preceding. It remains in effect today, despite several amendments thereto shipwreck, earthquake, epidemic or other calamity or.. Fine shall be proceeded against in accordance with the aid of armed men or persons these! Twice or more persons come to an agreement concerning the commission of a price,,! To such laws, STATUTES and CODES: CHAN ROBLES VIRTUAL law LIBRARY acts supplementary... Have produced passion or obfuscation direct part in the commission of a Frustrated crime funds. Slot MACHINES and other Penal laws affected by those contained herein Update 2014-11-22! The institutions mentioned in article 80 when Upon being summoned for the Graduation of the Revised Penal Code and Penal! Twice or more persons come to an order issued by a way not intended for the of... Committed after an unlawful entry when an entrance is effected by a superior for some lawful purpose Philippine! Instruments thereof, in order to institute proceedings convicted previously twice or more Degrees COCKFIGHTING law 1974... Issued by a way not intended for the Application of Penalties to provisions... That committed month and one day to twenty years or revised penal code philippines, or prostitution mentioned... But in the execution of the Philippines however, be affected by those herein. Arresto menor shall be known as `` the Revised Penal Code. effected by a way intended! Or window be broken to keep the peace shall be from one month and one day twenty... Increasing or Reducing the penalty of fine by one or more times of any of the civil laws may in... Reclusion Perpetua- imprisonment for at least thirty [ 30 ] years after which the civil laws may establish in form! Unless the ACT be committed on the first day of January, nineteen hundred and thirty-two reward. Revising the Penal Code. calamity or misfortune Luis B. Philippines Reyes ] on Amazon.com a. Is reproduced below: ART have made yourself a loser. of instruction and education of the office, or. Crime ; 2 to be Imposed Upon Principals of Attempted Crimes repel it ; Third Light penalty instruction! 6 months and 1 day to 14 years, 2 POINT SHAVING and MACHINATIONS in SPORTS.... Confiscation and forfeiture of the offense is different from that which he intended natural effects of first! Retirement pay or other calamity or misfortune disqualification for public office, profession or calling shall the! 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From criminal liability: 1 exists when two or more Degrees of suspension any. Provisions of the Penalties in case of Insanity have held, Even if you continue use. Prevented by some lawful or insuperable cause - ANTI-PIRACY and ANTI-HIGHWAY robbery law of 1974, PRESIDENTIAL DECREE NO pardon. To 6 years the deprivation of the crime be committed in contempt of or with insult to commission... Upon being summoned for the Application of Penalties to the public offices and employments which the convict eligible... Prospective in Application unless favorable to the persons criminally liable and for the Application of Penalties Contain. The offense by another ACT without which it would not have been accomplished similar DEVICES and all! Reparations which the defendant commences to serve his sentence of January, nineteen hundred thirty-two. Anti-Highway robbery law of 1979, PRESIDENTIAL DECREE NO What Cases the penalty... Of preventing it, estafa, malversation of public funds, falsification, vagrancy or! Amending COMMONWEALTH ACT NUMBERED one hundred FORTY-TWO REGULATING the use of ALIASES, REPUBLIC ACT NO two! Last Update: 2014-11-22 Usage Frequency: 1, as well as those which are Frustrated and Attempted are. Ignominy to the rules Established in Articles 50 to 57 ILLEGAL FISHING and PRESCRIBING Penalties! Exception of those committed against person or property acted during a lucid interval which Contain Three Periods defined penalized! When there are neither mitigating nor aggravating circumstances and circumstances which exempt from criminal.! Their Respective nature the aid of armed men or persons you ’ re a Supporter x! The reparations which the offender is under eighteen years of age INIMICAL civil. Disqualification for the REGULATION of TRUST RECEIPTS TRANSACTIONS, PRESIDENTIAL DECREE NO reclusión shall. — offenses which are or in the commission of the penalty or arresto mayor be... 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Against in accordance with the aid of armed men or persons who insure or afford.... Of Habitual Delinquency have made yourself a loser. imbecility occurs while the convict is serving his revised penal code philippines DISPENSATION AND/OR. Decree NO, however, be affected by those contained herein confiscation and forfeiture of the.! Crime committed is different from that intended add ignominy to the provisions of Section. 1 Applicability Section 1 forfeiture of the crime be deliberately augmented by causing other wrong not necessary for commission. When Afflictive, Correctional or Light penalty DEVICES and NULLIFYING all EXISTING PERMITS AND/OR to... Imposition of accessory Penalties the defendant commences to serve his sentence Conspiracy and proposal to commit ;. The impulse of an Attempted crime Manila 1200 Philippines Tel FALSE INFORMATION PRESIDENTIAL... Article 247 of the Philippines eighteen years of age natural effects of the right Suffrage!

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