Revised Penal Code

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Revised Penal Code
Coat of Arms Philippine Islands (1905-1936).svg
Philippine Legislature
  • An Act Revising the Penal Code and other Penal Laws
Citation Act No. 3815
Territorial extent Philippines
Enacted by Governor-General of the Philippines with the advice and consent of the Philippine Legislature
EnactedDecember 8, 1930
SignedDecember 8, 1930
CommencedJanuary 1, 1932
Amended by
Presidential Decree No. 1602 (Gambling)
Presidential Decree No. 1613 (Arson)
Presidential Decree No. 1744 (Arson)
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.

Contents

Historical background

The Revised Penal Code supplanted the 1870 Spanish Código Penal, which was in force in the Philippines (then an overseas province of the Spanish Empire up to 1898) from 1886 to 1930, after an allegedly uneven implementation 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 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]

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 reclusión 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]

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. 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 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 reclusión perpetua.

Length of incarceration

Up to 6 years




Up to 40 years



NameTypeEntire lengthMinimum lengthMedium lengthMaximum lengthAccessory penalties
Death Capital Not applied; commuted to reclusión perpetua.Perpetual absolute disqualification and that of civil interdiction during thirty years following the date of sentence
Reclusión perpetua Afflictive20 years and 1 day to 40 years [8] Civil interdiction for life or during the period of the sentence as the case may be, and perpetual absolute disqualification
Reclusión temporal12 years and one day to 20 years12 years and one day to 14 years and 8 months14 years and 8 months to 17 years and 4 months17 years 4 months and 1 day to 20 years
Prisión mayor6 years and one day to 12 years6 years and 1 day to 8 years8 years and 1 day to 10 years10 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 correccionalCorrectional6 months and one day to 6 years6 months and 1 day to 2 years and 4 months2 years, 4 months and 1 day to 4 years and 2 months4 years, 2 months and 1 day to 6 yearsSuspension 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.
SuspensionIf suspension is imposed, 6 years
DestierroAny 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 mayor1 month and 1 day to 6 months1 month to 2 months2 months and 1 day to 4 months4 months and 1 day to 6 monthsSuspension of the right to hold office and the right of suffrage during the term of the sentence
Arresto menorLight1 day to 30 days1 day to 10 days11 days to 20 days21 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 absolute disqualification
    • The deprivation of the public offices and employments which the offender may have held even if conferred by popular election.
    • The deprivation of the right to vote in any election for any popular elective office or to be elected to such office, and the disqualification for the offices or public employments and for the exercise of any of the rights mentioned.
    In case of temporary disqualification, this deprivation and disqualification shall last during the term of the sentence.
    • The loss of all rights to retirement pay or other pension for any office formerly held.
  • 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

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

PenaltyLength of time
Death, reclusión perpetua or reclusión temporal20 years
Correctional penalty, except arresto mayor10 years
Arresto mayor5 years
Libel and other similar offenses1 year
Oral defamation and slander6 months
Light offenses2 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 menorArresto mayorPrisión correccionalPrisión mayorReclusión temporal Reclusión perpetua Death
MinMedMaxMinMedMaxMinMedMaxMinMedMaxMinMedMax
Treason ₱4,000,000Yes
Conspiracy to commit treason₱2,000,000Yes
Proposal to commit treason₱1,000,000Yes
Espionage If a public officerYes
All other casesYes
Inciting to war or giving motives for reprisalsIf a public officerYes
If a private individualYes
Violation of neutrality Yes
Correspondence with hostile countryIf prohibited by the governmentYes
If correspondence was carried on in ciphers or conventional signsYes
If information given might be useful to the enemyYes
If information given might be useful to the enemy, and offender intended to aid the enemyYes
Flight to enemy country Yes
Piracy in general and mutiny on the high seasYes
Qualified piracyYes

Title Two: Crimes against the fundamental laws of the state

Crime Aggravating, exempting and mitigating circumstances Fine is not more than (unless specified)Arresto menorArresto mayorPrisión correccionalPrisión mayorReclusión temporal Reclusión perpetua Death
MinMedMaxMinMedMaxMinMedMaxMinMedMaxMinMedMax
Arbitrary detention Detention has not exceeded three daysYes
Detention is more than three days, but less than 15 daysYes
Detention is more than 15 days, but less than six monthsYes
Detention has exceeded more than six monthsYes
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 domicileIf 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 offenderYes
All other casesYes
Search warrants maliciously obtained and abuse in the service of those legally obtained₱200,000Yes
Searching domicile without witnessesYes
Prohibition, interruption and dissolution of peaceful meetingsYes
Interruption of religious worshipIf committed with violence or threatsYes
All other casesYes
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 menorArresto mayorPrisión correccionalPrisión mayorReclusión temporal Reclusión perpetua Death
MinMedMaxMinMedMaxMinMedMaxMinMedMaxMinMedMax
Rebellion or insurrection Offender promotes, maintains, or heads₱20,000Yes
Offender merely participating or executing the commands of othersYes
Coup d'etat Offender leads or in any manner directs or commands othersYes
If a public officer participates, or executes directions or commands of othersYes
If not a public officer, and participates, or executes directions or commands of othersYes
Conspiracy and proposal to commit coup d'etat₱1,000,000Yes
Conspiracy and proposal to commit rebellion₱1,000,000Yes
Conspiracy and proposal to commit insurrection₱400,000Yes
Disloyalty of public officers or employeesYes
Inciting a rebellion or insurrectionYes
Sedition If leader₱2,000,000Yes
Other participants₱1,000,000Yes
Conspiracy to commit sedition₱400,000Yes
Inciting to sedition₱400,000Yes
Act tending to prevent the meeting of the Assembly and similar bodies₱40,000 to ₱400,000Yes
Disturbance of proceedings₱200,000Yes
Violation of parliamentary immunity Yes
Illegal assemblies If leaderYes
If presentYes
If present, and armedYes
Illegal associationsIf founders, directors, and presidents₱200,000Yes
If membersYes
Direct assaults If assault is committed with a weapon, or against a person of authority₱200,000Yes
All other cases₱100,000Yes
Indirect assaults₱100,000Yes
Disobedience to summons₱40,000 to ₱200,000Yes
Resistance and disobedience to a person in authorityResist or seriously disobey₱100,000Yes
Not of a serious nature₱2,000 to ₱20,000Yes
Tumultuous disturbance or interruption liable to cause disturbanceIf serious disturbance₱200,000Yes
If serious disturbance is of tumultuous characterYes
If offender make any outcry tending to incite rebellion or sedition or in such place shall display placards or emblemsYes
If offender buries with pomp the body of a person who has been legally executed₱40,000Yes
Unlawful use of means of publication and unlawful utterances ₱40,000 to ₱200,000Yes
Alarms and scandals ₱40,000Yes
Delivery of prisoners from jailsIf 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 briberyYes
If by other meansYes
Evasion of service of sentence If convict escapedYes
If convict was unlawfully doneYes
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 menorArresto mayorPrisión correccionalPrisión mayorReclusión temporal Reclusión perpetua Death
MinMedMaxMinMedMaxMinMedMaxMinMedMaxMinMedMax
Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief ExecutiveYes
Using forged signature or counterfeit seal or stampYes
Making and importing and uttering false coins If coinage of the Philippines ₱400,000Yes
If counterfeit is from a foreign country₱200,000Yes
Mutilation of coinsWith connivance₱400,000Yes
Without connivanceYes
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₱2,000,000Yes
if the document is an obligation or security of a banking institution₱1,000,000Yes
if the document is an obligation or security of a foreign government₱1,000,000Yes
if the document is an obligation or security of a foreign bank₱400,000Yes
Counterfeiting, importing and uttering instruments not payable to bearer₱1,200,000Yes
Falsification of legislative documents₱1,200,000Yes
Falsification by public officer, employee or notary or ecclesiastic minister₱1,000,000Yes
Falsification by private individual and use of falsified documents₱1,000,000Yes
Falsification of wireless, cable, telegraph and telephone messagesCreation of dispatchYes
Usage of dispatchYes
False medical certificates, false certificates of merits or service, etc.If physician or surgeon, or if a public officer₱200,000Yes
If a private individualYes
Usage of certificatesYes
Manufacturing and possession of instruments or implements for falsificationMaking or introduction₱1,000,000Yes
UsageYes
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₱100,000Yes
If offender conceals his true name and other personal circumstances₱40,000Yes
Illegal use of uniforms or insignia Yes
False testimony against a defendantIf the defendant was sentenced to deathYes
if the defendant shall have been sentenced to reclusión temporal or reclusión perpetuaYes
If the defendant shall have been sentenced to any other afflictive penalty₱200,000Yes
If the defendant shall have been sentenced to a correctional penalty or a fine, or shall have been acquittedYes
False testimony favorable to the defendantsIf the prosecution is for a felony punishable by an afflictive penalty₱200,000Yes
Any other caseYes
False testimony in civil casesIf amount is more than one million pesos₱1,000,000Yes
If amount is less than one million pesos or cannot be estimated₱200,000Yes
False testimony in other cases and perjury in solemn affirmationYes
Offering false testimony in evidenceDepends on the penalties for any of the false testimony crimes.
Machinations in public auctionsYes
Monopolies and combinations in restraint of trade If affects any food substance, motor fuel or lubricants, or other articles of prime necessityYes
If other products or serviceYes
Importation and disposition of falsely marked articles or merchandise made of metals₱40,000Yes
Subsisting and altering trade-mark, trade-names, or service marks₱50 to ₱2,000Yes
Unfair competition, fraudulent registration of trade-mark, trade-name or service mark, fraudulent designation of origin, and false descriptionYes

Title Five: Crimes relative to opium and other prohibited drugs

Repealed by Comprehensive Dangerous Drugs Act of 2002.

Title Six: Crimes against public morals

Articles 195 to 199, which cover gambling, have been repealed by Presidential Decree 1602 as amended by Republic Act 9287.

Crime Aggravating, exempting and mitigating circumstances Fine is not more than (unless specified)Arresto menorArresto mayorPrisión correccionalPrisión mayorReclusión temporal Reclusión perpetua Death
MinMedMaxMinMedMaxMinMedMaxMinMedMaxMinMedMax
Grave scandal [lower-alpha 1] Yes
Immoral doctrines, obscene publications and exhibitions and indecent shows ₱20,000Yes
Prostitution If recidivist₱20,000 to ₱200,000Yes
All other cases₱20,000Yes

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 disqualificationArresto menorArresto mayorPrisión correccionalPrisión mayorReclusión temporal Reclusión perpetua Death
MinMedMaxMinMedMaxMinMedMaxMinMedMaxMinMedMax
Knowingly rendering unjust judgmentPerpetual absolute disqualificationYes
Judgment rendered through negligenceTemporary special disqualificationYes
Unjust interlocutory orderAll other casesSuspensionYes
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 SuspensionYes
Betrayal of trust by an attorney or solicitor, or revelation of secrets₱40,000Yes
Direct bribery Agrees to perform the crime in connection with his duties, in consideration with an offerNot less than the value of the gift and not more than three times such valueSpecial temporary disqualificationYes
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 actNot less than the value of the gift and not more than twice such valueYes
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 actYes
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 doNot less than the value of the gift and not more than three times such valueYes
Indirect bribery [lower-alpha 1] Yes
Frauds against the public treasury and similar offenses₱40,000 to ₱2,000,000Yes
Other fraudsTemporary special disqualification in its maximum period to perpetual special disqualification
Prohibited transactions₱40,000 to ₱2,000,000Yes
Possession of prohibited interest by a public officer ₱40,000 to ₱200,000Yes
Malversation of public funds or property If value is less than 40,000 pesosEqual to the amount of the funds malversed or equal to the total value of the property embezzledPerpetual special disqualificationYes
If value is more than 40,000 pesos and less than 1,200,000 pesosYes
If value is more than 1,200,000 pesos and less than 2,400,000 pesosYes
If value is more than 2,400,000 pesos and less than 4,400,000 pesosYes
If value is more than 4,400,000 pesos and less than 8,800,000 pesosYes
If value is more than 8,800,000 pesosYes
Failure of accountable officer to render accounts₱40,000 to ₱1,200,000Yes
Failure of a responsible public officer to render accounts before leaving the country₱40,000 to ₱200,000Temporary special disqualificationYes
Failure to make delivery of public funds or property5% to 25% of the sum that was not deliveredYes
Conniving with or consenting to evasion of prisoners If the fugitive shall have been sentenced by final judgment to any penaltyTemporary special disqualification in its maximum period to perpetual special disqualificationYes
If the fugitive shall not have been finally convicted but only held as a detention prisonerTemporary special disqualificationYes
Evasion of prisoners through negligenceTemporary special disqualificationYes
Escape of prisoner under the custody of a person not a public officerSame as the evasion of prisoners for public officers, only that it is one degree lower.
Removal, concealment or destruction of documentsWhen serious damage is caused₱200,000Temporary special disqualification in its maximum period to perpetual disqualificationYes
When damage is not seriousYes
Officer breaking seal₱400,000Temporary special disqualificationYes
Opening of closed documents₱400,000Temporary special disqualificationYes
Revelation of secrets by an officerWhen serious damage is caused₱400,000Perpetual special disqualificationYes
When damage is not serious₱100,000Temporary special disqualificationYes
Public officer revealing secrets of private individual₱200,000Yes
Open disobedience to a judgment₱200,000Temporary special disqualification in its maximum periodYes
Disobedience to order of superior officers, when said order was suspended by inferior officerPerpetual special disqualificationYes
Refusal of assistance of a public officerWhen serious damage is caused₱200,000Perpetual special disqualificationYes
When damage is not serious₱100,000Yes
Refusal to discharge elective office₱200,000Yes
Maltreatment of prisoners If the purpose of the maltreatment is to extort a confession, or to obtain some information from the prisoner₱100,000Temporary special disqualificationYes
All other casesYes
Anticipation of duties of a public office₱100,000Suspension
Prolonging performance of duties and powers of a public officer₱100,000Special temporary disqualification in its minimum periodYes
Abandonment of office or position of a public officerIf abandoned top evade discharge of the duties preventing, prosecuting or punishing any of the crimeYes
All other casesYes
Usurpation of legislative powers₱200,000Yes
Usurpation of executive functionsYes
Usurpation of judicial functionsYes
Disobeying request for disqualification₱100,000Yes
Orders or requests by executive officers to any judicial authority₱100,000Yes
Unlawful appointments₱200,000Yes
Abuses against chastity by public officersIf 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 disqualificationYes
All other casesYes

Title Eight: Crimes against persons

Crime Aggravating, exempting and mitigating circumstances Fine is not more than (unless specified)Arresto menorArresto mayorPrisión correccionalPrisión mayorReclusión temporal Reclusión perpetua Death
MinMedMaxMinMedMaxMinMedMaxMinMedMaxMinMedMax
Parricide Yes
Murder Yes
Homicide Yes
Frustrated parricide, murder or homicideSame 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 identifiedYes
If it cannot be determined who inflicted the serious physical injuriesYes
Physical injuries inflicted in a tumultuous affrayIf serious physical injuries are inflicted upon the participants thereof and the person responsible thereof cannot be identifiedSame 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 identifiedYes
Giving assistance to suicide If person successfully kills oneselfYes
If a person merely assistedYes
If person failed in killing oneselfYes
Discharge of firearmsUnless it is an attempted or frustrated parricide, murder or homicideYes
Infanticide If committed by mother of the child for the purpose of concealing her dishonorYes
If committed by maternal grandparentsYes
All other casesSame as parricide or murder
Abortion If violence upon the person of the pregnant woman was doneYes
If without violence upon and without the consent of the womanYes
If the woman consentedYes
Unintentional abortionIf violence was doneYes
Abortion practiced by the woman herself of by her parentsIf practiced upon herself or consent to another personYes
If practiced upon herself to conceal dishonorYes
If practiced by her parents for concealing her dishonorYes
Abortion practiced by a physician or midwife and dispensing of abortivesIf violence upon the person of the pregnant woman was doneYes
If without violence upon and without the consent of the womanYes
If the woman consentedYes
If pharmacist who, without the proper prescription from a physician shall dispense any abortive₱100,000Yes
Dueling If adversary was killedYes
If no physical injuries inflictedYes
Challenging to a duelYes
Mutilation If victim was deprived either totally or partially, or some essential organ of reproduction.Yes
All other casesYes
Serious physical injuries If the injured person shall become insane, imbecile, impotent, or blindYes
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 workYes
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 workYes
If the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty daysYes
Administering injurious substances or beveragesSame as serious physical injuries.
Less serious physical injuriesIf the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for 10 days or moreYes
If manifest intent to insult or offend the injured person, or under circumstances adding ignominy to the offense₱50,000Yes
Inflicted upon the offender's parents, ascendants, guardians, curators, teachers, or persons of rank, or persons in authorityYes
Slight physical injuries and maltreatmentIf the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendanceYes
If it caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance [lower-alpha 1] ₱40,000Yes, or fine.
If the offender shall ill-treat another by deed without causing any injuryYes, or fine
Rape, when offender has carnal knowledge of a womanAll other casesYes
If done with a deadly weaponYes
If victim became insaneYes
If rape is attempted and homicide is committedYes
If rape and homicide is committedYes
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 victimYes
When the victim is under the custody of the police or military authorities or any law enforcement or penal institutionYes
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 consanguinityYes
When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offenderYes
When the victim is a child below seven years oldYes
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 victimYes
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 crimeYes
When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disabilityYes
When the offender knew of the pregnancy of the offended party at the time of the commission of the crimeYes
When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended partyYes
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 personWhenever the rape is committed with the use of a deadly weapon or by two or more personsYes
When by reason or on the occasion of the rape, the victim has become insaneYes
If rape is attempted and homicide is committedYes
If rape and homicide is committedYes
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 menorArresto mayorPrisión correccionalPrisión mayorReclusión temporal Reclusión perpetua Death
MinMedMaxMinMedMaxMinMedMaxMinMedMaxMinMedMax
Kidnapping and serious illegal detentionIf committed for the purpose of extorting ransomYes
All other casesYes
Slight illegal detentionIf offender released victim within three days of detention, did not attain purpose, and before proceedings against him₱100,000Yes
All other casesYes
Unlawful arrest₱100,000Yes
Kidnapping and failure to return a minor
Inducing a minor to abandon his homeIf offender is parent of the minor₱40,000Yes
All other cases₱100,000Yes
Slavery If purpose is for illegal traffickingYes
All other casesYes
Child labor Yes
Services rendered under compulsion in payment of debtYes
Abandonment of person in danger and abandonment of one's own victimYes
Abandoning a minorIf minor died₱100,000Yes
If minor was merely in dangerYes
All other casesYes
Abandonment of minor by person entrusted with his custody₱100,000Yes
Exploitation of minors₱100,000Yes
Qualified trespass to dwelling If committed by violence or intimidation₱200,000Yes
All other casesYes
Other forms of trespass₱40,000Yes
Light threats Yes
Other light threats₱40,000Yes
Grave coercions ₱100,000Yes
Light coercions₱15,000Yes
Other coercions or unjust vexations₱1,000 to ₱40,000Yes
Compulsory purchase of merchandise and payment of wages by means of tokens ₱40,000 to ₱100,000Yes
Formation, maintenance and prohibition of combination of capital or labor through violence or threats ₱60,000Yes
Discovering secrets through seizure of correspondenceIf secrets were revealed₱100,000Yes
If secrets were not revealedYes
Revealing secrets with abuse of officeIf secrets were revealed₱100,000Yes
Revelation of industrial secrets₱100,000Yes

Title Ten: Crimes against property

Crime Aggravating, exempting and mitigating circumstances Fine is not more than (unless specified)Arresto menorArresto mayorPrisión correccionalPrisión mayorReclusión temporal Reclusión perpetua Death
MinMedMaxMinMedMaxMinMedMaxMinMedMaxMinMedMax
Robbery with violence against or intimidation of personsIf the crime of homicide shall have been committed; or when the robbery shall have been accompanied by rape or intentional mutilation or arsonYes
If serious physical injuries have been inflictedYes
If physical injuries have been inflictedYes
If light physical injuries have been inflictedYes
All other casesYes
Attempted and frustrated robberyYes
Brigandage If not acts cannot be punished by higher penaltiesYes
If acts can be punished by higher penaltiesThe higher penalties will then be followed.
Aiding and abetting a band of brigandsYes
Theft If value is more than 2,200,000 pesosYes
If value is more than 1,200,000 pesos but less than 2,200,000 pesosYes
If value is more than 20,000 pesos but less than 600,000 pesosYes
If value is more than 5,000 pesos but less than 20,000 pesosYes
If value is more than 500 pesos but less than 5,000 pesosYes
If value is less than 500 pesosYes
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 ownerYes
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 ₱100,000Yes
Occupation of real property or usurpation of real rights in property ₱15,000
Altering boundaries or landmarks₱20,000Yes
Fraudulent insolvency If a merchantYes
If not a merchantYes
Swindling (estafa) If value is more than 4,400,000 pesosYes
If value is more than 2,400,000 pesos but less than 4,400,000 pesosYes
If value is more than 1,200,000 pesos but less than 2,400,000 pesosYes
If value is more than 40,000 pesos but less than 1,200,000 pesosYes
If value is less than 40,000 pesosYes
Other forms of swindlingNot less than the value of damage causedYes
Swindling a minorYes
Other deceits, including fortune-telling ₱40,000Yes
Removal, sale or pledge of mortgaged propertyYes
Destructive arson Yes
Other forms of arsonVarying circumstancesYes
Malicious mischief (property damage) If damage exceeds 200,000 pesosYes
If damage exceeds 40,000 pesos, but less than 200.000 pesosYes
If damage is less than 40,000 pesosYes
Other mischiefsIf damage exceeds 200,000 pesosYes
If damage exceeds 40,000 pesos, but less than 200.000 pesosYes
If damage is less than 40,000 pesos, or if it cannot be estimatedYes
Damage and obstruction to means of communicationIf it caused an accidentYes
All other casesYes
Destroying or damaging statues, public monuments or paintings Destroy or damage statues or any other useful or ornamental public monumentYes
Destroy or damage any useful or ornamental painting of a public nature₱40,000Yes

Title Eleven: Crimes against chastity

Crime Aggravating, exempting and mitigating circumstances Fine is not more than (unless specified)Suspension or disqualificationArresto menorArresto mayorPrisión correccionalPrisión mayorReclusión temporal Reclusión perpetua Death
MinMedMaxMinMedMaxMinMedMaxMinMedMaxMinMedMax
Adultery Yes
Concubinage If the husbandYes
If the concubineThe penalty shall be destierro
Qualified seduction All other casesYes
If seduced his sister or descendantYes
Simple seductionYes
Acts of lasciviousness with the consent of the offended partyYes
Corruption of minors If a public officerTemporary absolute disqualificationYes
All other cases
White slave trade Yes
Forcible abduction Yes
Consented abductionYes

Title Twelve: Crimes against civil status of persons

Crime Aggravating, exempting and mitigating circumstances Fine is not more than (unless specified)Suspension or disqualificationArresto menorArresto mayorPrisión correccionalPrisión mayorReclusión temporal Reclusión perpetua Death
MinMedMaxMinMedMaxMinMedMaxMinMedMaxMinMedMax
Simulation of births, substitution of one child for another and concealment or abandonment of a legitimate child If physician or public officer₱200,000Temporary special disqualificationYes
All other cases
Usurpation of civil status If done with the intent to defraud the offended partYes
All other casesYes
Bigamy Yes
Marriage contracted against provisions of lawsIf either of the contracting parties shall obtain the consent of the other by means of violence, intimidation or fraudYes
All other casesYes
Premature marriagesYes

Title Thirteen: Crimes against honor

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

Title Fourteen: Quasi-offenses (criminal negligence)

Crime Aggravating, exempting and mitigating circumstances Fine is not more than (unless specified)Arresto menorArresto mayorPrisión correccionalPrisión mayorReclusión temporal Reclusión perpetua Death
MinMedMaxMinMedMaxMinMedMaxMinMedMaxMinMedMax
Imprudence and negligence If intentional act caused a grave felonyYes
If imprudent act caused a grave felonyYes
If act caused damage to propertyAn 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 felony [lower-alpha 1] ₱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. 1 2 3 4 The penalty also includes public censure.

Amendments

The code has been amended and repealed multiple times:

See also

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References

  1. "The Dangerous Drugs Act of 1972". The Corpus Juris. March 30, 1972. Retrieved December 5, 2016.
  2. 1 2 "Comprehensive Dangerous Drugs Act of 2002". The Corpus Juris. June 7, 2002. Retrieved December 5, 2016.
  3. 1 2 3 "Act No. 3815 - The Revised Penal Code". The Corpus Juris. December 8, 1930. Retrieved December 9, 2015.
  4. 1 2 "The Anti-Rape Law of 1997". The Corpus Juris. September 30, 1997. Retrieved December 9, 2015.
  5. 1 2 "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. June 24, 2006. Retrieved December 5, 2016.
  7. Salaverria, Leila B. (September 1, 2017). "Stiffer fines, penalties under Revised Penal Code". INQUIRER.net. Retrieved April 7, 2022.
  8. Amended from 30 years to 40 years by Republic Act No. 7659. [5]