Philippine Criminal Laws is the body of laws defining crimes and defining the penalties thereof in the Philippines.

Contents
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1 History 2 The Revised Penal Code

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2.1 Degree of Consummation of Crimes 2.2 Circumstances that Affect Criminal Liability 2.3 Participation in Crimes

3 Special Penal Laws 4 References

History [edit]
The Philippines was a colony of Spain for more than 300 years, beginning in 1565 until 1898. Because of this, many fields of law in the Philippines such as Civil Law and Criminal Law follow a civil law tradition, as opposed to Commercial Law and Constitutional Law which follow a common law tradition. When the Spanish Colonizers conquered the Philippines, the Spanish Codigo Penal was made applicable and extended to the Philippines by Royal Decree of 1870. This was replaced with the old Penal Code which was put in place by Spanish authorities, and took effect in the Philippines on July 14, 1876. This law was effective in the Philippines until the American colonization of the Philippines. It was only on December 8, 1930, when it was amended, under Act. No. 3815, with the enactment of the Revised Penal Code of the Philippines (the Revised Penal Code).

The Revised Penal Code [edit]

Main article: Revised Penal Code of the Philippines The Revised Penal Code took effect on January 1, 1932. It is composed of two parts Book One of the Revised Penal Code provides the general provisions on the application of the law, and the general principles of criminal law. It defines felonies and circumstances which affect criminal liability, justifying circumstances and circumstances which exempt, mitigate or aggravate criminal liability, and defines the classification, duration, and effects of criminal penalties. Finally, it provides for the extinction and survival of criminal and civil liabilities in crimes. Book Two of the Revised Penal Code on the other hand defines the specific crimes and the penalties imposable for each crime. Crimes are classified into crimes against national security (such

as treason, espionage and piracy), crimes against the fundamental laws of the state (rebellion, coup detat, sedition and public disorders), crimes against public interest (counterfeiting of currency, falsification of public documents), crimes against public morals, crimes committed by public officers, crimes against persons (parricide, murder, physical injuries, rape), crimes against security (kidnapping), and crimes against property (robbery, theft), among others. Criminal negligence is also an offense under the Revised Penal Code. Under the Revised Penal Code, acts and omissions punishable by law are called felonies. Thus, to be considered as a felony there must be an act or omission.

Degree of Consummation of Crimes [edit]

Felonies can be consummated, frustrated, and attempted. A felony is consummated when all the elements necessary for its execution and accomplishment are present. It is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. There is an attempt when the offender commences the commission of a felony directly or overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Conspiracy can also be proven based on the idea of "unity of purpose" and acts leading to a common design. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons. Conspiracy and proposal to commit a felony are generally not punishable, except for conspiracy and proposal to commit treason, coup detat, and rebellion. Whilst not generally punishable, conspiracy can determine the degree of participation in criminal offenses in order to determine criminal liability.

Circumstances that Affect Criminal Liability [edit]

The presence of certain circumstances have the effect of removing, mitigating or aggravating criminal liability of persons. Persons who commit crimes when justifying circumstances are present do not incur criminal or civil liability. Acting in self-defense is one of these justifying circumstances. The presence of exempting circumstances on the other hand will exempt the perpetrator from criminal liability but not from civil liability. Some of these exempting circumstances are imbecility or youth. On the other hand, the presence of one or more mitigating circumstances when a crime is committed, can serve to reduce the penalty imposed. An example is voluntary surrender. Lastly, the presence of aggravating circumstances will increase the penalty imposed under the crime, upon conviction. Some examples are contempt or insult to public authority.

Participation in Crimes [edit]

Under the Revised Penal Code, when more than one person participated in the commission of the crime, the law looks into their participation because in punishing offenders, the Revised Penal Code classifies them as principals, accomplices, or accessories. A persons can be liable as a principal for (a) taking a direct part in the execution of the felony, (b) directly forcing or inducing others to commit it, or (c) cooperate in the commission of the offense by another act without which it would not have been accomplished. Accomplices are persons who, while not acting as a principal, cooperate in the execution of the offense by previous or simultaneous acts. Lastly, accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission by: (a) profiting themselves or assisting the offender to profit by the effects of the crime, (b) concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery, or (c) harboring, concealing, or assisting in the escape of the principals of the crime. Principals are punished more severely than accomplices, who are punished more severely than accessories. However, when there is conspiracy, there will no longer be a distinction as to whether a person acted as a principal, accomplice or accessory, because when there is conspiracy, the criminal liability of all will be the same, because the act of one is the act of all.

Special Penal Laws [edit]

Apart from the crimes penalized in the Revised Penal Code, several other pieces of criminal legislation have been passed, penalizing acts such as illegal possession and trafficking of dangerous drugs, money laundering, and illegal possession of firearms. These laws are called Special Penal Laws and they form part of Philippine Criminal Laws. There are certain differences between crimes punished under the Revised Penal Code and Special Penal Laws. Violations of the crimes listed in the Revised Penal Code are referred to as mala in se, which literally means, that the act is inherently evil or bad or wrongful in itself. On the other hand, violations of Special Penal Laws are generally referred to as malum prohibitum or an act that is wrong because it is prohibited. Thus, no criminal intent is needed in order to find a person liable for crimes punished under Special Penal Laws. As long as the act is committed, then it is punishable as a crime under law. Note, however, that not all violations of Special Penal Laws are mala prohibita. While intentional felonies are always mala in se, it does not follow that prohibited acts done in violation of special laws are always mala prohibita. There are some important distinctions between crimes punishable under the Revised Penal Code and Special Penal Laws. One of them is that in crimes punished under the Revised Penal Code, the moral trait of the offender is considered. This is why liability would only arise when there is criminal intent or

negligence in the commission of the punishable act. In crimes punished under Special Penal Laws, the moral trait of the offender is not considered; it is enough that the prohibited act was voluntarily done.

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
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1 Historical background 2 Features 3 Penalties 4 See also 5 References

Historical background [edit]

The Revised Penal Code supplanted the Spanish Penal Code, which was in force in the Philippines from 1886 to 1930. The new Code was drafted by a committee created in 1927, and headed by Judge Anacleto Diaz, 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 [edit]
The Revised Penal Code criminalizes a whole class of acts that are generally accepted as criminal, such as the taking of a life whether through murder or homicide, rape, robbery and theft, and treason.The Code also penalizes other acts which are considered criminal in the Philippines, such as adultery, concubinage,

and abortion. The Code expressly defines the elements that each crime comprises, and the existence of all these elements have to be proven beyond reasonable doubt in order to secure conviction. Not all crimes in the Philippines are penalized under the Code. Certain acts, 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 theComprehensive Dangerous Drugs Act of 2002.
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One distinct aspect of the Revised Penal Code centers on its classification of aggravating, exempting and mitigating circumstances, the appreciation of which affects the graduation 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.
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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 AntiRape Law of 1997.
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Prior to the 1997 amendments,rape had been classified as a crime

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against chastity and was defined as "having carnal knowledge of a woman" under enumerated circumstances that indicated lack of consent. 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.
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With the abolition of the death penalty in 2006, the highest penalty currently possible under the Revised Penal Code is reclusion perpetua, which ranges from 20 years and 1 day to 40 years imprisonment.
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The penalty of life imprisonment is not provided for in the Revised Penal Code,
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although it is imposed by other penal statutes such as the Comprehensive Dangerous Drugs Act.

Penalties [edit]
Type Entire length Minimum length Medium length Maximum length Accessory penalties

Min

Max

Min

Max

Min

Max

Min

Max

Reclusion perpetua

30 years Civil interdiction for life or during the period of the sentence as the case may be, and perpetual absolute disqualification

Reclusion temporal

12 years 20 and one years day

12 years and one day

14 years and 8 months

14 years and 8 months

17 years and 4 months

17 years 20 and 4 years months

If disqualification is imposed, 12 years and 1 day

Prision mayorand temporary disqualification

6 years 12 and one years day

6 years 8 years 10 and 1 8 years and 1 years day day

10 years and 1 day

12 years

Temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage

If suspension is imposed, 6 years

Suspension from public office, from the right to follow a profession or

Prision correccional, suspension, and destierro

2 years, 6 6 2 years 4 4 years months months 6 years and 4 months and 2 and one and 1 months and 1 months day day day

4 years, 2 months 6 years and 1 day

calling, and that of perpetual special disqualification from the right of suffrage, if the duration of said imprisonment shall exceed eighteen months

Arresto mayor

1 month and 1 day 1 day

6 1 months month 30 days

2 2 months 4 months and 1 months day

Arresto menor

1 day

4 months 6 Suspension of the right and 1 months to hold office and the day right of suffrage during the term of the sentence 30 10 days 11 days 20 days 21 days days