Preliminary Title - Date of Effectiveness and Application of the Provisions of this Code (Art. 1-2)

Question 1

When did the Revised Penal Code take effect?

Answer 1

The RPC took effect on January 1, 1932 as provided by Art. 1, RPC, “This Code shall take effect on the first day of January, nineteen hundred and thirty-two.

Question 2

What does actus non facit reum, nisi mens sit rea mean?

Answer 2

The act cannot be criminal when the mind is not criminal.

Question 3

What are the three (3) philosophies underlying the Criminal Law System?

Answer 3

The three (3) philosophies are:

1. Classical or Juristic
2. Positivist or Realistic
3. Mixed or Eclectic

Question 4

What are the two (2) exemptions in Art. 2, RPC?

Answer 4

The two (2) exemptions are:

1. Treaties
2. Laws of preferential application

Question 5

To whom does the provisions of the RPC applicable even outside the Philippines’ jurisdiction?

Answer 5

Article 2 provides that the provisions of the RPC shall be enforceable not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside its jurisdiction, against those who:

1. should commit an offense while on a Philippine ship or airship;
2. should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands;
3. should be liable for acts connected to the introduction into these Islands of forged or counterfeit obligations and securities;
4. while being public officers or employees, should commit an offense in the exercise of their functions; and
5. should commit any of the crimes against national security and the law of nations.

Question 6

What are the characteristics of penal law? Briefly describe each.

Answer 6

The following are the characteristics of penal law:

1. General - Criminal law is binding on all persons who live or sojourn in Philippine Territory (Art. 14, Civil Code).
2. Territorial - Criminal laws undertake to punish crimes committed within Philippine territory.
3. Prospective - A penal law cannot make an act punishable in a manner in which it was not punishable when committed.