Revised Penal Code

Revised Penal Code
Philippine Legislature
Long title 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
Enacted	December 8, 1930
Signed	December 8, 1930
Commenced	January 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.

Historical background

The Revised Penal Code supplanted the 1870 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 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

Name		Type	Entire length	Minimum length	Medium length	Maximum length	Accessory 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	Afflictive	20 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 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 4 months and 1 day 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 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

See also: Statute of limitations

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.

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 individual					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

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 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 scandal [lower-alpha 1]						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 [lower-alpha 1]							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 assistance [lower-alpha 1]	₱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 to ₱40,000	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 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

• 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.

1. The penalty also includes public censure.

Amendments

The code has been amended and repealed multiple times:

• Commonwealth Act No. 616, criminalized espionage
• Republic Act No. 10, criminalized usurpation of public authority
• Republic Act No. 1700, outlawed the Communist Party of the Philippines and its successors (later repealed by Republic Act No. 7636)
• Republic Act No. 3019, created the Anti-Graft and Corrupt Practices Act
• Republic Act No. 4200, criminalized wiretapping
• Republic Act No. 6425, criminalized illegal drugs (later amended by Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002)
• Republic Act No. 6539, criminalized carnapping (later amended by Republic Act No. 10883, otherwise known as the New Anti-Carnapping Act of 2016)
• Presidential Decree No. 90, criminalized rumor-mongering
• Presidential Decree No. 449, regulated cockfights
• Presidential Decree No. 483, criminalized sports betting, point shaving, match fixing and the like
• Presidential Decree No. 519, outlawed pinball machines
• Presidential Decree No. 532, criminalized highway robbery
• Presidential Decree No. 749, granted immunity to givers of bribes
• Presidential Decree No. 818, increased penalties for estafa
• Presidential Decree No. 1602, increased penalties for illegal gambling (later amended by Republic Act No. 9287)
• Presidential Decree No. 1613, amended the law on arson
• Presidential Decree No. 1866, regulated firearms (later amended by Republic Act No. 10591, otherwise known as the Comprehensive Firearms and Ammunition Regulation Act)
• Republic Act No. 6968, criminalized coup d'etats
• Republic Act No. 8353, amended the law on rape and increased the penalties for it
• Republic Act No. 9208, established the Intellectual Property Office
• Republic Act No. 9262, criminalized violence against women and their children
• Republic Act No. 9287, criminalized human trafficking (later expanded by Republic Act No. 10364, otherwise known as the Expanded Anti-Trafficking in Persons Act of 2012)
• Republic Act No. 9372 or the Human Security Act, criminalized terrorism (later amended by Republic Act No. 11479, otherwise known as the "Anti-Terrorism Act of 2020")
• Republic Act No. 9851, criminalized crimes against international humanitarian law, genocide and crimes against humanity
• Republic Act No. 10158, decriminalized vagrancy
• Republic Act No. 10175, criminalized acts in cyberspace via the Cybercrime Prevention Act of 2012
• Republic Act No. 10592, amended the law on increasing the good conduct time allowance for prisoners (this remained controversial after the near-release of former Calauan, Laguna mayor Antonio Sanchez, the mastermind in the June 1993 rape-slay of UPLB college student Mary Eileen Sarmenta and killing of her companion Allan Gomez)
• Republic Act No. 10951, updated the values of damages in certain crimes, and the value of fines

See also

• Philippine legal codes
• List of Philippine laws

References

1. "The Dangerous Drugs Act of 1972". The Corpus Juris. March 30, 1972. Retrieved December 5, 2016.
2. "Comprehensive Dangerous Drugs Act of 2002". The Corpus Juris. June 7, 2002. Retrieved December 5, 2016.
3. "Act No. 3815 - The Revised Penal Code". The Corpus Juris. December 8, 1930. Retrieved December 9, 2015.
4. "The Anti-Rape Law of 1997". The Corpus Juris. September 30, 1997. Retrieved December 9, 2015.
5. "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]

External links

• Act No. 3815
• Act No. 3815, December 08, 1930
• Republic Act No. 10951
• REPUBLIC ACT NO. 10951, August 29, 2017