Article 1-11 Provisions

Question 1

Article 1

Answer 1

Time when Act takes efffect - This Code shall take effect on the First day of January, nineteen hundred and thirty two.

Question 2

Article 2

Answer 2

Application of its provisions - except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior water and maritime zone, but also outside of its jurisdiction, against those who:

1. Should commit an offense while on a Philippine shiip or airship;
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securitites issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number,
4. While being public officers or employees, should commit an offense in the exercise of their functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.

Question 3

Article 3

Answer 3

Definitions - Acts and omissions punishable by law are felonies (delitos)

Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).

There is deceit when the act is performed with deliberate intent; and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

Question 4

Artilcle 4

Answer 4

Criminal liability - Criminal liability shall be incured:

1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended.
2. By any person performing an act which would be an offense against persons or property were it not for the inherent possibility of its accomplishment or on account of the employment of inadequate of ineffectual means.

Question 5

Article 5

Answer 5

Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties - Whenever a court has knowledge of any act which it may be deem proper to repress and which is not punishable by law, it shall render the proper decision and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made subject of penal legislation.

In the same way the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense.

Question 6

Article 6

Answer 6

Consummated, frustrated and attempted felonies - Consummated felonies, as well as those which are frustrated and attempted, are punishable.

A felony is consummated when all the elements necessary for its execution and accomplishment are present; and 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 by 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.

Question 7

Article 7

Answer 7

When light felonies are punishable - Light felonies are punishable only when they have been consummated, with the exception of those committed against persons or property.

Question 8

Article 8

Answer 8

Conspiracy and proposal to commit felony. - Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provided a penalty therefor.

A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.

Question 9

Article 9

Answer 9

Grave felonies, less grave felonies and light felonies. - Grave felonies are those to which the law attaches the capital punishment, or penalties which in any of their periods are afflictive, in accordance with Article 25 of this Code.

Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the abovementioned article.

Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding Forty Thousand (40,000) or both is provided.

Question 10

Article 10

Answer 10

Offenses not subject to the provision of this Code. - Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary.

Question 11

Article 11 - Definition and Paragraph 1

Answer 11

Justifying Circumstances. - The following do not incur any criminal liability;

1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur:

First. Unlawful aggression;
Second. Reasonable necessity of the means employed to prevent of repel it;
Third. Lack of sufficient provocation on the part of the person defending himself.

Question 12

Article 11 - Paragraph 2

Answer 12

2. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural, or adopted brothers or sisters or of his relatives by affinity in the same degrees, and those by consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the provocation was given by the person attacked, that one making defense had no part therein.

Question 13

Article 11 - Paragraph 3

Answer 13

3. Anyone who acts in defense of the person or rights of a stranger, provided, that the first and second requisites mentioned in the first circumstance of this article are present and that the person defending be not induced by revenge, resentment, or other evil motive.

Question 14

Article 11 - Paragraph 4

Answer 14

4. Any person who, in order to avoid an evil or injury, doe an act which cause damage to another, provided that the following requisites are present;

First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical less harmful means of preventing it.

Question 15

Article 11 - Paragraph 5 and 6

Answer 15

5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.
6. Any person who acts in obedience to an order issued by a superior for some lawful prupose.