Revised Penal Code Philippines Pdf
Gwenda Gronert
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.
The Revised Penal Code supplanted the 1870 Spanish Cdigo Penal, which was in force in the Philippines (then a colony of the Spanish Empire up to 1898) from 1886 to 1930, after a failed attempt in to be implemented in 1877. The new Code was drafted by a committee created in 1927, and headed by Judge Anacleto Daz, 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.
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 theft, 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.
Not all crimes in the Philippines are penalized under the Code; certain crimes, 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.[1][2]
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 reclusin 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]
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.
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 new code is so broad and contains so many controversial or concerning provisions that it is hard to summarize succinctly. Among the changes that attracted the most international attention was the creation of new provisions penalizing cohabitation and sex before marriage, prompting false alarms that foreign tourists holidaying in Bali would be hauled off to prison for sharing hotel rooms. (In reality, the charges can only be brought by the close relatives of those involved, and their impacts are likely to fall most heavily on LGBTQ Indonesians.)
But human rights activists say that the impacts of the revised code are likely to be much broader: that it will have sweeping impacts on freedom of expression, privacy, the right to protest, and the unfettered workings of the press.
Among these are bans on insults against the president and state institutions. The code also requires people to get a permit to hold protests and bans the spreading of fake news and any views that run counter to the state ideology of Pancasila.
The U.N. statement was phrased in the characteristically cautious and neutral tones of international human rights legalese, but the very fact that the U.N. feels the need to weigh in speaks to the radical changes heralded by the passage of the new criminal code.