Revised Penal Code of the Philippines

Law Summary

Definition and Liability for Felonies

Felonies include acts and omissions punishable by law, committed either by deceit (dolo) or fault (culpa).
Criminal liability is incurred even when the wrong act differs from that intended.
Courts must report acts deserving penal legislation not covered by law and may adjust excessive penalties.

Consummated, Frustrated, and Attempted Felonies

Consummated felonies: all elements accomplished.
Frustrated felonies: all acts executed but crime not consummated due to external causes.
Attempts: commencement of overt acts without completing the felony due to cause other than voluntary desistance.

Punishment of Light Felonies

Punishable only when consummated, except those committed against persons or property.

Conspiracy and Proposal to Commit Felony

Punishable only if law expressly provides.
Conspiracy: agreement between two or more to commit felony.
Proposal: one person proposes felony to others.

Classification of Felonies

Grave felonies: penalties attached are capital or afflictive.
Less grave felonies: maximum penalties are correctional.
Light felonies: penalties of arresto menor and/or fine up to 200 pesos.

Offenses under Special Laws

Special laws supersede the Revised Penal Code unless explicitly stated.

Justifying Circumstances Exempting Liability

Self-defense under unlawful aggression, necessity, and absence of sufficient provocation.
Defense of relatives within specified degrees.
Defense of strangers without evil motive.
Acts to avoid greater evil with requirements of actual evil existence and proportionality.
Exercise of lawful duty/right and obedience to lawful orders.

Exemptions from Criminal Liability

Imbeciles and insane persons, unless during lucid intervals.
Minors below nine years; minors 9–15 liable only if acting with discernment.
Accidentally caused injury without fault.
Acts under irresistible force or uncontrollable fear.
Failure to perform due act prevented by lawful cause.

Mitigating Circumstances

When justifying or exempting circumstances are partially present.
Offender’s age (under 18 or over 70).
Lack of intent to commit so grave wrong.
Provocation or threat immediately preceding the act.
Immediate vindication of grave offense upon family or relatives.
Acts committed under strong emotion, voluntary surrender, physical disabilities, or diminished will-power.

Aggravating Circumstances

Abuse of public position or authorities, insult, abuse of confidence, crime committed in certain places or times.
Crime committed by band, during calamities, with aid of armed men.
Recidivism.
Crime committed for reward or by means ensuring impunity.
Use of treachery.
Adding ignominy to the act.
Unlawful entry or breaking into places.
Employment of minors or motor vehicles.
Deliberate increase of harm beyond that necessary.

Alternative Circumstances

Taken as aggravating or mitigating depending on crime nature: relationship between offender and victim, intoxication, education and instruction.

Persons Criminally Liable

Principals: direct participants, those who force or induce others, cooperators without whom crime would not occur.
Accomplices: those cooperating before or during commission but not principals.
Accessories: those aiding after the crime, profiting from or concealing crime, harboring offenders under specified conditions.
Accessories exempted from penalties when related by family except in cases involving public functions abuse.

General Rules on Penalties

No penalty other than prescribed by law before commission.
Retroactive effect when favorable to accused, except habitual criminals.
Pardon by offended does not extinguish criminal action but may extinguish civil liabilities.
Certain administrative or preventive measures are not considered penalties.

Classification of Penalties

Principal penalties: capital punishment, afflictive, correctional, and light penalties.
Accessory penalties: disqualifications, suspension, interdiction, indemnification, forfeiture, and payment of costs.
Fines classified as afflictive, correctional, or light depending on amount.

Duration of Penalties

Specific ranges detailed for each penalty type (e.g., reclusion temporal: 12 years and 1 day to 20 years).
Computation of penalty terms depends on imprisonment status from date judgment becomes final or actual service.
Half of preventive imprisonment credited towards sentence.

Effects of Penalties

Disqualification from public office, voting, profession linked with specific penalties.
Suspension effects on office and professional rights.
Civil interdiction deprives rights involving authority and property management.
Bond to keep the peace involves sureties guaranteeing no offense.
Pardons do not restore privileges unless expressly stated.
Costs include fees and indemnities of judicial proceedings with priority in payments.
Subsidiary penalties imposed when pecuniary liabilities not met.

Accessory Penalties Inherent to Principal Penalties

Death penalty carries perpetual absolute disqualification and civil interdiction.
Reclusion perpetua and temporal carry civil interdiction and perpetual absolute disqualification.
Other principal penalties carry corresponding temporary or special disqualifications and suspensions.
Confiscation and forfeiture of crime proceeds and instruments are inherent.

Application of Penalties to Criminally Liable

Principle: principals receive penalty prescribed for the felony.
Exceptions exist for death penalty (e.g., persons over 70 years not executed but commuted).
Graduated penalties for frustrated and attempted felonies and for accomplices and accessories, generally lower by one or two degrees.
Additional penalty for accessories abusing public functions.
Penalty imposed when crime is impossible in nature, with distinct penalties.
Rules for graduation of penalties based on composition and nature of original penalty.

Impact of Circumstances and Habitual Delinquency on Penalties

Courts consider mitigating and aggravating circumstances excluding those inherent in defining the crime.
Moral and personal circumstances relevant only to principals, accomplices, accessories.
Habitual delinquency leads to additional penalties upon repeated convictions, with maximum penalty limits.
Rules for application of indivisible penalties affected by presence of aggravating or mitigating circumstances.
Imposition of penalties with three periods requires court discretion within minimum to maximum phases.

Execution and Service of Penalties

Penalties executed only by final judgment and according to legal procedures.
Special provisions govern character of work, treatment of convicts, separation of sexes, and reform.
Execution of death penalty by electrocution under prison authority.
Restrictions on execution of death penalty for women within three years of sentence and the elderly.
Specific rules for place of execution, notification, assistance to the condemned, and disposition of remains.
Designated penal institutions and rules for serving various penalties.
Minor delinquents may have proceedings suspended and be committed to supervised institutions or persons until majority.

Extinction of Criminal Liability

Total extinction by death of convict (pecuniary only if death before final judgment), service of sentence, amnesty, absolute pardon, prescription of crime or penalty, and marriage of offended woman in specific cases.
Prescription periods vary by penalty severity from 2 months (light offenses) to 20 years (death penalty).
Prescription interrupted by filing complaints or terminated proceedings and does not run during offender's absence abroad.
Partial extinction by conditional pardon, commutation, and allowances for good conduct.
Obligations and conditions related to conditional pardon and commutation.
Good conduct deductions progressively increase with length of imprisonment.

Civil Liability Arising from Felonies

Criminal liability entails civil liability.
Exemptions from criminal do not exclude civil liability, which is enforced under specific rules concerning irresponsibility and liability of guardians or responsible persons.
Subsidiary civil liability for innkeepers, employers, teachers, and corporations for offenses committed by those under their control.
Civil liability includes restitution of the thing, reparation of damage, and indemnification for consequential damages.
Restitution to include return of the actual thing where possible.
Courts consider sentimental value and amount of reparation.
Indemnification covers injuries to victim and their families or third parties.
Obligations and actions for civil liability pass to heirs.
Shared civil liability among multiple offenders with subsidiary liability priority and right of action for repayment.
Extinction of civil liability follows civil law provisions; liability survives beyond serving of criminal penalties.

Crimes Against National Security

Treason punished by reclusion temporal to death and fines; conviction requires two witnesses or confession.
Conspiracy or proposal to commit treason punished with lower penalties.
Misprision of treason punished as accessory.
Espionage punished depending on action and offender's position.
Other crimes such as inciting war, violation of neutrality, correspondence with enemy, and flight to enemy's country are penalized accordingly.

Crimes Against Fundamental Laws and Public Order

Arbitrary detention and delay in delivering detainees punished progressively.
Violation of domicile and improper execution of search warrants penalized.
Prohibition and dissolution of peaceful meetings punished.
Crimes against religious worship include interruption and offensive acts.
Rebellion, sedition, and related conspiracy crimes defined and penalized with varying degrees.
Assaults on persons in authority, resistance, and disobedience addressed with specific penalties.
Public disorders, including tumults and unlawful use of publications, penalized by scale.
Evasion