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Revised Penal Code
Philippine Legislature
  • An Act Revising the Penal Code and other Penal Laws
CitationAct No. 3815
Territorial extentPhilippines
Enacted byGovernor-General of the Philippines with the advice and consent of the Philippine Legislature
EnactedDecember 8, 1930
SignedDecember 8, 1930
CommencedJanuary 1, 1932
Keywords
Criminal law
Status: Amended

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.

Historical background

The Revised Penal Code supplanted the Spanish Código 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 Díaz, 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.

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 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. It 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 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]

One distinct aspect of the Revised Penal Code centers on its classification of aggravating, exempting and mitigating circumstances, the appreciation of which affects the gradation 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.[3]

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 reclusion 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]

Preliminary article

It states that the law shall be known as the "Revised Penal Code."

Book One

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.

Title One: Felonies and criminal liability

Chapter One defines what a felony is, which are acts and omissions punishable by law, either by means of deceit, or by fault. If 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 succeeding chapters list which circumstances justify, exempt, mitigate and aggravate criminal liability.

Title Two: Persons criminally liable

This title discusses who are the persons liable. These include the principals, accomplices and the accessories, with the latter classification not used for light felonies.

Title Three: Penalties

All penalties relating to death are commuted to reclusion perpetua.

Length of incarceration

Up to 6 years




Up to 40 years



Name Type Entire length Minimum length Medium length Maximum length Accessory penalties
Death Capital Not applied; commuted to reclusion perpetua. Perpetual absolute disqualification and that of civil interdiction during thirty years following the date of sentence
Reclusión perpetua Afflictive 20 years and 1 day to 40 years[7] Civil interdiction for life or during the period of the sentence as the case may be, and perpetual absolute disqualification
Reclusión temporal 12 years and one day to 20 years 12 years and one day to 14 years and 8 months 14 years and 8 months to 17 years and 4 months 17 years and 4 months to 20 years
Prisión mayor 6 years and one day to 12 years 6 years and 1 day to 8 years 8 years and 1 day to 10 years 10 years and 1 day to 12 years
  • If disqualification is imposed, 12 years and 1 day
  • Temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage
Prisión correccional Correctional 6 months and one day to 6 years 6 months and 1 day to 2 years and 4 months 2 years, 4 months and 1 day to 4 years and 2 months 4 years, 2 months and 1 day to 6 years Suspension from public office, from the right to follow a profession or calling, and that of perpetual special disqualification from the right of suffrage, if the duration of said imprisonment shall exceed eighteen months.
Suspension If suspension is imposed, 6 years
Destierro Any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence, nor within the radius therein specified, which shall be not more than 250 and not less than 25 kilometers from the place designated.
Arresto mayor 1 month and 1 day to 6 months 1 month to 2 months 2 months and 1 day to 4 months 4 months and 1 day to 6 months Suspension of the right to hold office and the right of suffrage during the term of the sentence
Arresto menor Light 1 day to 30 days 1 day to 10 days 11 days to 20 days 21 days to 30 days

Other penalties

  • Public censure (also a light penalty)
  • Fines (also an afflictive penalty)
  • Civil interdiction: Deprive the offender during the time of his sentence of the rights of parental authority, or guardianship

Accessory penalties

  • Perpetual or temporary special disqualification:
    • The deprivation of the office, employment, profession or calling affected;
    • The disqualification for holding similar offices or employments either perpetually or during the term of the sentence according to the extent of such disqualification.
  • Perpetual or temporary special disqualification for the exercise of the right of suffrage
    • 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. Moreover, the offender shall not be permitted to hold any public office during the period of his disqualification.
  • Suspension from any public office, profession or calling, or the right of suffrage
    • Disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence

Title Four: Extinction of criminal liability and civil liability

Extinction of criminal liability

This discusses when criminal liability is extinguished. These include by death of the convict, service of the sentence, by amnesty, and by absolute pardon, among others.

Prescription of crimes

See also: Statute of limitations

This discusses when crimes can no longer by prosecuted, from the crime is discovered by the offended party, the authorities, or their agents.

Penalty Length of time
Death, reclusión perpetua or reclusión temporal 20 years
Correctional penalty, except arresto mayor 10 years
Arresto mayor 5 years
Libel and other similar offenses 1 year
Oral defamation and slander 6 months
Light offenses 2 months

Title Five: Civil liability

The law states that "every person criminally liable for a felony is also civilly liable."

Book Two

The code classifies crimes into different titles, each divided to one or more chapters, all of these in Book Two of the code.

Title One: Crimes against national security and the law of nations

Crime Aggravating, exempting and mitigating circumstances Fine is not more than (unless specified) Arresto menor Arresto mayor Prisión correccional Prisión mayor Reclusión temporal Reclusión perpetua Death
Min Med Max Min Med Max Min Med Max Min Med Max Min Med Max
Treason ₱4,000,000 Yes
Conspiracy to commit treason ₱2,000,000 Yes
Proposal to commit treason ₱1,000,000 Yes
Espionage If a public officer Yes
All other cases Yes
Inciting to war or giving motives for reprisals If a public officer Yes
If a private individual Yes
Violation of neutrality Yes
Correspondence with hostile country If prohibited by the government Yes
If correspondence was carried on in ciphers or conventional signs Yes
If information given might be useful to the enemy Yes
If information given might be useful to the enemy, and offender intended to aid the enemy Yes
Flight to enemy country Yes
Piracy in general and mutiny on the high seas Yes
Qualified piracy Yes

Title Two: Crimes against the fundamental laws of the state

Crime Aggravating, exempting and mitigating circumstances Fine is not more than (unless specified) Arresto menor Arresto mayor Prisión correccional Prisión mayor Reclusión temporal Reclusión perpetua Death
Min Med Max Min Med Max Min Med Max Min Med Max Min Med Max
Arbitrary detention Detention has not exceeded three days Yes
Detention is more than three days, but less than 15 days Yes
Detention is more than 15 days, but less than six months Yes
Detention has exceeded more than six months Yes
Delay in the delivery of detained persons to the proper judicial authorities. Same as above penalties for arbitrary detention.
Delaying release
Expulsion Yes
Violation of domicile If committed at night-time, or if any papers or effects not constituting evidence of a crime be not returned immediately after the search made by the offender Yes
All other cases Yes
Search warrants maliciously obtained and abuse in the service of those legally obtained ₱200,000 Yes
Searching domicile without witnesses Yes
Prohibition, interruption and dissolution of peaceful meetings Yes
Interruption of religious worship If committed with violence or threats Yes
All other cases Yes
Offending the religious feelings Yes

Title Three: Crimes against public order

Crime Aggravating, exempting and mitigating circumstances Fine is not more than (unless specified) Arresto menor Arresto mayor Prisión correccional Prisión mayor Reclusión temporal Reclusión perpetua Death
Min Med Max Min Med Max Min Med Max Min Med Max Min Med Max
Rebellion or insurrection Offender promotes, maintains, or heads ₱20,000 Yes
Offender merely participating or executing the commands of others Yes
Coup d'etat Offender leads or in any manner directs or commands others Yes
If a public officer participates, or executes directions or commands of others Yes
If not a public officer, and participates, or executes directions or commands of others Yes
Conspiracy and proposal to commit coup d'etat ₱1,000,000 Yes
Conspiracy and proposal to commit rebellion ₱1,000,000 Yes
Conspiracy and proposal to commit insurrection ₱400,000 Yes
Disloyalty of public officers or employees Yes
Inciting a rebellion or insurrection Yes
Sedition If leader ₱2,000,000 Yes
Other participants ₱1,000,000 Yes
Conspiracy to commit sedition ₱400,000 Yes
Inciting to sedition ₱400,000 Yes
Act tending to prevent the meeting of the Assembly and similar bodies ₱40,000 to ₱400,000 Yes
Disturbance of proceedings ₱200,000 Yes
Violation of parliamentary immunity Yes
Illegal assemblies If leader Yes
If present Yes
If present, and armed Yes
Illegal associations If founders, directors, and presidents ₱200,000 Yes
If members Yes
Direct assaults If assault is committed with a weapon, or against a person of authority ₱200,000 Yes
All other cases ₱100,000 Yes
Indirect assaults ₱100,000 Yes
Disobedience to summons ₱40,000 to ₱200,000 Yes
Resistance and disobedience to a person in authority Resist or seriously disobey ₱100,000 Yes
Not of a serious nature ₱2,000 to ₱20,000 Yes
Tumultuous disturbance or interruption liable to cause disturbance If serious disturbance ₱200,000 Yes
If serious disturbance is of tumultuous character Yes
If offender make any outcry tending to incite rebellion or sedition or in such place shall display placards or emblems Yes
If offender buries with pomp the body of a person who has been legally executed ₱40,000 Yes
Unlawful use of means of publication and unlawful utterances ₱40,000 to ₱200,000 Yes
Alarms and scandals ₱40,000 Yes
Delivery of prisoners from jails If offender removes from any jail or penal establishment any person confined therein or shall help the escape of such person, by means of violence, intimidation, or bribery Yes
If by other means Yes
Evasion of service of sentence If convict escaped Yes
If convict was unlawfully done Yes
If convict violated conditions of pardon Yes

Title Four: Crimes against public interest

Crime Aggravating, exempting and mitigating circumstances Fine is not more than (unless specified) Arresto menor Arresto mayor Prisión correccional Prisión mayor Reclusión temporal Reclusión perpetua Death
Min Med Max Min Med Max Min Med Max Min Med Max Min Med Max
Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief Executive Yes
Using forged signature or counterfeit seal or stamp Yes
Making and importing and uttering false coins If coinage of the Philippines ₱400,000 Yes
If counterfeit is from a foreign country ₱200,000 Yes
Mutilation of coins With connivance ₱400,000 Yes
Without connivance Yes
Forging treasury or bank notes on other documents payable to bearer; importing, and uttering such false or forged notes and documents if the document is an obligation or security of the Philippines ₱2,000,000 Yes
if the document is an obligation or security of a banking institution ₱1,000,000 Yes
if the document is an obligation or security of a foreign government ₱1,000,000 Yes
if the document is an obligation or security of a foreign bank ₱400,000 Yes
Counterfeiting, importing and uttering instruments not payable to bearer ₱1,200,000 Yes
Falsification of legislative documents ₱1,200,000 Yes
Falsification by public officer, employee or notary or ecclesiastic minister ₱1,000,000 Yes
Falsification by private individual and use of falsified documents ₱1,000,000 Yes
Falsification of wireless, cable, telegraph and telephone messages Creation of dispatch Yes
Usage of dispatch Yes
False medical certificates, false certificates of merits or service, etc. If physician or surgeon, or if a public officer ₱200,000 Yes
If a private indlvidual Yes
Usage of certificates Yes
Manufacturing and possession of instruments or implements for falsification Making or introduction ₱1,000,000 Yes
Usage Yes
Using fictitious name and concealing true name. If offender publicly use a fictitious name for the purpose of concealing a crime, evading the execution of a judgment or causing damage ₱100,000 Yes
If offender conceals his true name and other personal circumstances ₱40,000 Yes
Illegal use of uniforms or insignia Yes
False testimony against a defendant If the defendant was sentenced to death Yes
if the defendant shall have been sentenced to reclusión temporal or reclusión perpetua Yes
If the defendant shall have been sentenced to any other afflictive penalty ₱200,000 Yes
If the defendant shall have been sentenced to a correctional penalty or a fine, or shall have been acquitted Yes
False testimony favorable to the defendants If the prosecution is for a felony punishable by an afflictive penalty ₱200,000 Yes
Any other case Yes
False testimony in civil cases If amount is more than one million pesos ₱1,000,000 Yes
If amount is less than one million pesos or cannot be estimated ₱200,000 Yes
False testimony in other cases and perjury in solemn affirmation Yes
Offering false testimony in evidence Depends on the penalties for any of the false testimony crimes.
Machinations in public auctions Yes
Monopolies and combinations in restraint of trade If affects any food substance, motor fuel or lubricants, or other articles of prime necessity Yes
If other products or service Yes
Importation and disposition of falsely marked articles or merchandise made of metals ₱40,000 Yes
Subsisting and altering trade-mark, trade-names, or service marks ₱50 to ₱2,000 Yes
Unfair competition, fraudulent registration of trade-mark, trade-name or service mark, fraudulent designation of origin, and false description Yes

Title Five: Crimes relative to opium and other prohibited drugs

Repealed by Comprehensive Dangerous Drugs Act of 2002.

Title Six: Crimes against public morals

Crime Aggravating, exempting and mitigating circumstances Fine is not more than (unless specified) Arresto menor Arresto mayor Prisión correccional Prisión mayor Reclusión temporal Reclusión perpetua Death
Min Med Max Min Med Max Min Med Max Min Med Max Min Med Max
Grave scandal1 Yes
Immoral doctrines, obscene publications and exhibitions and indecent shows ₱20,000 Yes
Prostitution If recidivist ₱20,000 to ₱200,000 Yes
All other cases ₱20,000 Yes

Title Seven: Crimes committed by public officers

For purposes of this section, and elsewhere when cited, a public officer is a anyone who takes part in public functions of the government of the Philippines.

Other crimes committed by public officers are included in the Anti-Graft and Corrupt Practices Act, and other laws.

Crime Aggravating, exempting and mitigating circumstances Fine is not more than (unless specified) Suspension or disqualification Arresto menor Arresto mayor Prisión correccional Prisión mayor Reclusión temporal Reclusión perpetua Death
Min Med Max Min Med Max Min Med Max Min Med Max Min Med Max
Knowingly rendering unjust judgment Perpetual absolute disqualification Yes
Judgment rendered through negligence Temporary special disqualification Yes
Unjust interlocutory order All other cases Suspension Yes
If offender have acted by reason of inexcusable negligence or ignorance, and order was manifestly unjust
Malicious delay in the administration of justice Yes
Prosecution of offenses; negligence and tolerance Suspension Yes
Betrayal of trust by an attorney or solicitor, or revelation of secrets ₱40,000 Yes
Direct bribery Agrees to perform the crime in connection with his duties, in consideration with an offer Not less than the value of the gift and not more than three times such value Special temporary disqualification Yes
If the gift was accepted by the officer in consideration of the execution of an act which does not constitute a crime, and the officer executed said act Not less than the value of the gift and not more than twice such value Yes
If the gift was accepted by the officer in consideration of the execution of an act which does not constitute a crime, and the officer did not execute said act Yes
If the object for which the gift was received or promised was to make the public officer refrain from doing something which it was his official duty to do Not less than the value of the gift and not more than three times such value Yes
Indirect bribery 2 Yes
Frauds against the public treasury and similar offenses ₱40,000 to ₱2,000,000 Yes
Other frauds Temporary special disqualification in its maximum period to perpetual special disqualification
Prohibited transactions ₱40,000 to ₱2,000,000 Yes
Possession of prohibited interest by a public officer ₱40,000 to ₱200,000 Yes
Malversation of public funds or property If value is less than 40.000 pesos Equal to the amount of the funds malversed or equal to the total value of the property embezzled Perpetual special disqualification Yes
If value is more than 40,000 pesos and less than 1,200,000 pesos Yes
If value is more than 1,200,000 pesos and less than 2.400,000 pesos Yes
If value is more than 2,400,000 pesos and less than 4,400,000 pesos Yes
If value is more than 4,400,000 pesos and less than 8,800,000 pesos Yes
If value is more than 8.800,000 pesos Yes
Failure of accountable officer to render accounts ₱40,000 to ₱1,200,000 Yes
Failure of a responsible public officer to render accounts before leaving the country ₱40,000 to ₱200,000 Temporary special disqualification Yes
Failure to make delivery of public funds or property 5% to 25% of the sum that was not delivered Yes
Conniving with or consenting to evasion of prisoners If the fugitive shall have been sentenced by final judgment to any penalty Temporary special disqualification in its maximum period to perpetual special disqualification Yes
If the fugitive shall not have been finally convicted but only held as a detention prisoner Temporary special disqualification Yes
Evasion of prisoners through negligence Temporary special disqualification Yes
Escape of prisoner under the custody of a person not a public officer Same as the evasion of prisoners for public officers, only that it is one degree lower.
Removal, concealment or destruction of documents When serious damage is caused ₱200,000 Temporary special disqualification in its maximum period to perpetual disqualification Yes
When damage is not serious Yes
Officer breaking seal ₱400,000 Temporary special disqualification Yes
Opening of closed documents ₱400,000 Temporary special disqualification Yes
Revelation of secrets by an officer When serious damage is caused ₱400,000 Perpetual special disqualification Yes
When damage is not serious ₱100,000 Temporary special disqualification Yes
Public officer revealing secrets of private individual ₱200,000 Yes
Open disobedience to a judgment ₱200,000 Temporary special disqualification in its maximum period Yes
Disobedience to order of superior officers, when said order was suspended by inferior officer Perpetual special disqualification Yes
Refusal of assistance of a public officer When serious damage is caused ₱200,000 Perpetual special disqualification Yes
When damage is not serious ₱100,000 Yes
Refusal to discharge elective office ₱200,000 Yes
Maltreatment of prisoners If the purpose of the maltreatment is to extort a confession, or to obtain some information from the prisoner ₱100,000 Temporary special disqualification Yes
All other cases Yes
Anticipation of duties of a public office ₱100,000 Suspension
Prolonging performance of duties and powers of a public officer ₱100,000 Special temporary disqualification in its minimum period Yes
Abandonment of office or position of a public officer If abandoned top evade discharge of the duties preventing, prosecuting or punishing any of the crime Yes
All other cases Yes
Usurpation of legislative powers ₱200,000 Yes
Usurpation of executive functions Yes
Usurpation of judicial functions Yes
Disobeying request for disqualification ₱100,000 Yes
Orders or requests by executive officers to any judicial authority ₱100,000 Yes
Unlawful appointments ₱200,000 Yes
Abuses against chastity by public officers If against the wife, daughter, sister of relative within the same degree by affinity of any person in the custody of such warden or officer, Temporary special disqualification Yes
All other cases Yes

Title Eight: Crimes against persons

Crime Aggravating, exempting and mitigating circumstances Fine is not more than (unless specified) Arresto menor Arresto mayor Prisión correccional Prisión mayor Reclusión temporal Reclusión perpetua Death
Min Med Max Min Med Max Min Med Max Min Med Max Min Med Max
Parricide Yes
Murder Yes
Homicide Yes
Frustrated parricide, murder or homicide Same as respective punishments, only that it is one degree lower.
Death caused in a tumultuous affray If it cannot be ascertained who actually killed the deceased, but the person or persons who inflicted serious physical injuries can be identified Yes
If it cannot be determined who inflicted the serious physical injuries Yes
Physical injuries inflicted in a tumultuous affray If serious physical injuries are inflicted upon the participants thereof and the person responsible thereof cannot be identified Same as respective punishments, only that it is one degree lower.
When the physical injuries inflicted are of a less serious nature and the person responsible therefore cannot be identified Yes
Giving assistance to suicide If person successfully kills oneself Yes
If a person merely assisted Yes
If person failed in killing oneself Yes
Discharge of firearms Unless it is an attempted or frustrated parricide, murder or homicide Yes
Infanticide If committed by mother of the child for the purpose of concealing her dishonor Yes
If committed by maternal grandparents Yes
All other cases Same as parricide or murder
Abortion If violence upon the person of the pregnant woman was done Yes
If without violence upon and without the consent of the woman Yes
If the woman consented Yes
Unintentional abortion If violence was done Yes
Abortion practiced by the woman herself of by her parents If practiced upon herself or consent to another person Yes
If practiced upon herself to conceal dishonor Yes
If practiced by her parents for concealing her dishonor Yes
Abortion practiced by a physician or midwife and dispensing of abortives If violence upon the person of the pregnant woman was done Yes
If without violence upon and without the consent of the woman Yes
If the woman consented Yes
If pharmacist who, without the proper prescription from a physician shall dispense any abortive ₱100,000 Yes
Dueling If adversary was killed Yes
If no physical injuries inflicted Yes
Challenging to a duel Yes
Mutilation If victim was deprived either totally or partially, or some essential organ of reproduction. Yes
All other cases Yes
Serious physical injuries If the injured person shall become insane, imbecile, impotent, or blind Yes
If person injured shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated for the work Yes
If the person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work Yes
If the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty days Yes
Administering injurious substances or beverages Same as serious physical injuries.
Less serious physical injuries If the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for 10 days or more Yes
If manifest intent to insult or offend the injured person, or under circumstances adding ignominy to the offense ₱50,000 Yes
Inflicted upon the offender's parents, ascendants, guardians, curators, teachers, or persons of rank, or persons in authority Yes
Slight physical injuries and maltreatment If the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance Yes
If it caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance4 ₱40,000 Yes, or fine.
If the offender shall ill-treat another by deed without causing any injury Yes, or fine
Rape, when offender has carnal knowledge of a woman All other cases Yes
If done with a deadly weapon Yes
If victim became insane Yes
If rape is attempted and homicide is committed Yes
If rape and homicide is committed Yes
When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim Yes
When the victim is under the custody of the police or military authorities or any law enforcement or penal institution Yes
When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity Yes
When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender Yes
When the victim is a child below seven years old Yes
When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus /Acquired Immune Deficiency Syndrome or any other sexually transmissible disease and the virus or disease is transmitted to the victim Yes
When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime Yes
When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability Yes
When the offender knew of the pregnancy of the offended party at the time of the commission of the crime Yes
When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party Yes
Rape, if inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person Whenever the rape is committed with the use of a deadly weapon or by two or more persons Yes
When by reason or on the occasion of the rape, the victim has become insane Yes
If rape is attempted and homicide is committed Yes
If rape and homicide is committed Yes
Acts of lasciviousness Yes

Title Nine: Crimes against personal liberty and security

Crime Aggravating, exempting and mitigating circumstances Fine is not more than (unless specified) Arresto menor Arresto mayor Prisión correccional Prisión mayor Reclusión temporal Reclusión perpetua Death
Min Med Max Min Med Max Min Med Max Min Med Max Min Med Max
Kidnapping and serious illegal detention If committed for the purpose of extorting ransom Yes
All other cases Yes
Slight illegal detention If offender released victim within three days of detention, did not attain purpose, and before proceedings against him ₱100,000 Yes
All other cases Yes
Unlawful arrest ₱100,000 Yes
Kidnapping and failure to return a minor
Inducing a minor to abandon his home If offender is parent of the minor ₱40,000 Yes
All other cases ₱100,000 Yes
Slavery If purpose is for illegal trafficking Yes
All other cases Yes
Child labor Yes
Services rendered under compulsion in payment of debt Yes
Abandonment of person in danger and abandonment of one's own victim Yes
Abandoning a minor If minor died ₱100,000 Yes
If minor was merely in danger Yes
All other cases Yes
Abandonment of minor by person entrusted with his custody ₱100,000 Yes
Exploitation of minors ₱100,000 Yes
Qualified trespass to dwelling If committed by violence or intimidation ₱200,000 Yes
All other cases Yes
Other forms of trespass ₱40,000 Yes
Light threats Yes
Other light threats ₱40,000 Yes
Grave coercions ₱100,000 Yes
Light coercions ₱15,000 Yes
Other coercions or unjust vexations ₱1,000 Yes
Compulsory purchase of merchandise and payment of wages by means of tokens ₱40,000 to ₱100,000 Yes
Formation, maintenance and prohibition of combination of capital or labor through violence or threats ₱60,000 Yes
Discovering secrets through seizure of correspondence If secrets were revealed ₱100,000 Yes
If secrets were not revealed Yes
Revealing secrets with abuse of office If secrets were revealed ₱100,000 Yes
Revelation of industrial secrets ₱100,000 Yes

Title Ten: Crimes against property

Crime Aggravating, exempting and mitigating circumstances Fine is not more than (unless specified) Arresto menor Arresto mayor Prisión correccional Prisión mayor Reclusión temporal Reclusión perpetua Death
Min Med Max Min Med Max Min Med Max Min Med Max Min Med Max
Robbery with violence against or intimidation of persons If the crime of homicide shall have been committed; or when the robbery shall have been accompanied by rape or intentional mutilation or arson Yes
If serious physical injuries have been inflicted Yes
If physical injuries have been inflicted Yes
If light physical injuries have been inflicted Yes
All other cases Yes
Attempted and frustrated robbery Yes
Brigandage If not acts cannot be punished by higher penalties Yes
If acts can be punished by higher penalties The higher penalties will then be followed.
Aiding and abetting a band of brigands Yes
Theft If value is more than 2,200.000 pesos Yes
If value is more than 1,200,000 pesos but less than 2,200,000 pesos Yes
If value is more than 20,000 pesos but less than 600,000 pesos Yes
If value is more than 5,000 pesos but less than 20,000 pesos Yes
If value is more than 500 pesos but less than 5,000 pesos Yes
If value is less than 500 pesos Yes
If value is less than 500 pesos, and enter an enclosed estate or a field where trespass is forbidden or which belongs to another and without the consent of its owner Yes
If value is less than 500 pesos, and if offender under the impulse of hunger, poverty, etc. Yes
Theft of the property of the National Library and National Museum ₱40,000 to ₱100,000 Yes
Occupation of real property or usurpation of real rights in property ₱15,000
Altering boundaries or landmarks ₱20,000 Yes
Fraudulent insolvency If a merchant Yes
If not a merchant Yes
Swindling (estafa) If value is more than 4,400,000 pesos Yes
If value is more than 2,400,000 pesos but less than 4,400,000 pesos Yes
If value is more than 1,200,000 pesos but less than 2,400,000 pesos Yes
If value is more than 40,000 pesos but less than 1,200,000 pesos Yes
If value is less than 40,000 pesos Yes
Other forms of swindling Not less than the value of damage caused Yes
Swindling a minor Yes
Other deceits, including fortune-telling ₱40,000 Yes
Removal, sale or pledge of mortgaged property Yes
Destructive arson Yes
Other forms of arson Varying circumstances Yes
Malicious mischief (property damage) If damage exceeds 200,000 pesos Yes
If damage exceeds 40,000 pesos, but less than 200.000 pesos Yes
If damage is less than 40,000 pesos Yes
Other mischiefs If damage exceeds 200,000 pesos Yes
If damage exceeds 40,000 pesos, but less than 200.000 pesos Yes
If damage is less than 40,000 pesos, or if it cannot be estimated Yes
Damage and obstruction to means of communication If it caused an accident Yes
All other cases Yes
Destroying or damaging statues, public monuments or paintings Destroy or damage statues or any other useful or ornamental public monument Yes
Destroy or damage any useful or ornamental painting of a public nature ₱40,000 Yes

Title Eleven: Crimes against chastity

Crime Aggravating, exempting and mitigating circumstances Fine is not more than (unless specified) Suspension or disqualification Arresto menor Arresto mayor Prisión correccional Prisión mayor Reclusión temporal Reclusión perpetua Death
Min Med Max Min Med Max Min Med Max Min Med Max Min Med Max
Adultery Yes
Concubinage If the husband Yes
If the concubine The penalty shall be destierro
Qualified seduction All other cases Yes
If seduced his sister or descendant Yes
Simple seduction Yes
Acts of lasciviousness with the consent of the offended party Yes
Corruption of minors If a public officer Temporary absolute disqualification Yes
All other cases
White slave trade Yes
Forcible abduction Yes
Consented abduction Yes

Title Twelve: Crimes against civil status of persons

Crime Aggravating, exempting and mitigating circumstances Fine is not more than (unless specified) Suspension or disqualification Arresto menor Arresto mayor Prisión correccional Prisión mayor Reclusión temporal Reclusión perpetua Death
Min Med Max Min Med Max Min Med Max Min Med Max Min Med Max
Simulation of births, substitution of one child for another and concealment or abandonment of a legitimate child If physician or public officer ₱200,000 Temporary special disqualification Yes
All other cases
Usurpation of civil status If done with the intent to defraud the offended part Yes
All other cases Yes
Bigamy Yes
Marriage contracted against provisions of laws If either of the contracting parties shall obtain the consent of the other by means of violence, intimidation or fraud Yes
All other cases Yes
Premature marriages Yes

Title Thirteen: Crimes against honor

Crime Aggravating, exempting and mitigating circumstances Fine is not more than (unless specified) Arresto menor Arresto mayor Prisión correccional Prisión mayor Reclusión temporal Reclusión perpetua Death
Min Med Max Min Med Max Min Med Max Min Med Max Min Med Max
Libel means by writings or similar means ₱40,000 to ₱1,200,000 Yes
Threatening to publish libelous statements and offer to present such publication for a compensation ₱40,000 to ₱400,000 Yes
Prohibited publication of acts referred to in the course of official libel proceedings ₱40,000 to ₱200,000 Yes
Slander If of insulting nature Yes
Not of insulting nature ₱20,000 Yes
Slander by deed If of serious nature Yes
Not of serious nature ₱20,000 Yes
Incriminating innocent person Yes
Intriguing against honor ₱20,000 Yes

Title Fourteen: Quasi-offenses (criminal negligence)

Crime Aggravating, exempting and mitigating circumstances Fine is not more than (unless specified) Arresto menor Arresto mayor Prisión correccional Prisión mayor Reclusión temporal Reclusión perpetua Death
Min Med Max Min Med Max Min Med Max Min Med Max Min Med Max
Imprudence and negligence If intentional act caused a grave felony Yes
If imprudent act caused a grave felony Yes
If act caused damage to property An amount equal to the value of said damages to 3 times such value
If imprudent act caused some wrong, and if done maliciously, would have been a light felony3 ₱40,000

Title Fifteen: Final provisions

This includes provisions on crimes committed prior to the code to be applied under the laws at that time, and a repealing clause.

Other penalties

  • ^1 ^2 ^3 ^4 The penalty also includes public censure.
  • Qualified bribery: If any public officer is entrusted with law enforcement and he refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusión perpetua and/or death in consideration of any offer, promise, gift or present, he shall suffer the penalty for the offense which was not prosecuted.
    • If it is the public officer who asks or demands such gift or present, he shall suffer the penalty of death.
  • Corruption of public officials: The same penalties on the person corrupted except those of disqualification and suspension, shall be imposed upon any person who shall have made the offers or promises or given the gifts or presents as described in the preceding articles. (Chapter 2, Section 2.)
  • Death or physical injuries inflicted under exceptional circumstances
    • Any legally married person who having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.
    • If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.
  • Dueling, if causing injury, will be treated as if it's a normal crime (as serious physical injuries or assault)
  • Grave threats: The penalty next lower in degree than that prescribed by law for the crime be threatened to commit, if the offender shall not have attained his purpose, the penalty lower by two degrees shall be imposed.

Amendments

The code has been amended and repealed multiple times:

See also

References

  1. ^ "The Dangerous Drugs Act of 1972". The Corpus Juris. 1972-03-30. Retrieved 2016-12-05.
  2. ^ a b "Comprehensive Dangerous Drugs Act of 2002". The Corpus Juris. 2002-06-07. Retrieved 2016-12-05.
  3. ^ a b c "Act No. 3815 - The Revised Penal Code". The Corpus Juris. 1930-12-08. Retrieved 2015-12-09.
  4. ^ a b "The Anti-Rape Law of 1997". The Corpus Juris. 1997-09-30. Retrieved 2015-12-09.
  5. ^ a b "Republic Act No. 7659 : AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES, AMENDING FOR THAT PURPOSE THE REVISED PENAL LAWS, AND FOR OTHER PURPOSES". The Corpus Juris. December 13, 1993.
  6. ^ "An Act Prohibiting the Imposition of the Death Penalty in the Philippines". The Corpus Juris. 2006-06-24. Retrieved 2016-12-05.
  7. ^ Amended from 30 years to 40 years by Republic Act No. 7659.[5]
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