Revised Penal Code

Question 1

Title and Act No

Answer 1

An Act Revising the Penal Code and Other Penal Laws (Act No. 3815 as amended)

Question 2

Article 1

Answer 2

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

Question 3

Article 2

Answer 3

Application of its provisions. - Except as provided in 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 waters and maritime zone, but also outside of its jurisdiction, against those who:

Question 4

Article 2. Except as provided in 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 waters and maritime zone, but also outside of its jurisdiction, against those who: (1)

Answer 4

(1) Should commit an offense while on a Philippine ship or airship;

Question 5

Article 2. Except as provided in 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 waters and maritime zone, but also outside of its jurisdiction, against those who: (2)

Answer 5

(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

Question 6

Article 2. Except as provided in 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 waters and maritime zone, but also outside of its jurisdiction, against those who: (3)

Answer 6

(3) Should be liable for any act connected to the introduction to these islands of the obligations and securities mentioned in the preceding number;

Question 7

Article 2. Except as provided in 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 waters and maritime zone, but also outside of its jurisdiction, against those who: (4)

Answer 7

(4) While being public officers or employees, should commit an offense in the exercise of their functions;

Question 8

Article 2. Except as provided in 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 waters and maritime zone, but also outside of its jurisdiction, against those who: (5)

Answer 8

(5) Should commit any of the crimes against national security and law of nations, defined in Title One of Book Two of this Code.

Question 9

Article 3

Answer 9

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 10

Article 4

Answer 10

Criminal liability - Criminal liability shall be incurred:

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 person or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means.

Question 11

Article 5

Answer 11

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.

Question 12

Article 5 [1] - 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.

Answer 12

Whenever a court has knowledge of any act which it may 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 the subject of penal legislation.

Question 13

Article 5 [2] - 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.

Answer 13

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 injury caused by the offense.

Question 14

Circumstances Affecting Criminal Liability

Answer 14

1. Stages of Execution (Article 6)
2. Gravity of the Offense (Article 9)
3. Justifying Circumstances (Article 11)
4. Exempting Circumstances (Article 12)
5. Absolutory Causes
6. Mitigating Circumstances (Article 13)
7. Aggravating Circumstances (Article 14)
8. Alternative Circumstances (Article 15)
9. Degree of Participation (Article 16-20)

Question 15

Article 6

Answer 15

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

Question 16

Article 6[1] - Consummated, frustrated, and attempted felonies. - Consummated, as well as those which are frustrated and attempted, are punishable.

Answer 16

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, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

Question 17

Article 6[2] - Consummated, frustrated, and attempted felonies. - Consummated, as well as those which are frustrated and attempted, are punishable.

Answer 17

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 18

Article 7

Answer 18

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 19

Article 8

Answer 19

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

Question 20

Article 8[1] - Conspiracy and proposal to commit felony. - Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor.

Answer 20

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

Question 21

Article 8[2] - Conspiracy and proposal to commit felony. - Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor.

Answer 21

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

Question 22

Article 9

Answer 22

Grave felonies, less grave felonies, and light felonies.

Question 23

Article 9 [1] - Grave felonies, less grave felonies, and light felonies.

Answer 23

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.

Question 24

Article 9 [2] - Grave felonies, less grave felonies, and light felonies.

Answer 24

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

Question 25

Article 9 [3] - Grave felonies, less grave felonies, and light felonies.

Answer 25

Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos, or both, is provided.

Question 26

Article 10

Answer 26

Offenses not subject to the provisions 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 specifically provide the contrary.

Question 27

Article 16

Answer 27

Who are Criminally Liable. - The following are criminally liable for grave and less grave felonies:

1. Principals
2. Accomplices
3. Accessories

The following are criminally liable for light felonies:

1. Principals
2. Accomplices

Question 28

Article 17

Answer 28

Principals. - The following are considered principals:

1. Those who take a direct part in the execution of the act;
2. Those who directly force or induce others to commit it;
3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished.

Question 29

Article 18

Answer 29

Accomplices. - Accomplices are those persons who, not being included in article 17, cooperate in the execution of the offense by previous or simultaneous acts.

Question 30

Article 19

Answer 30

Accessories. - 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 in any of the following manners:

1. By profiting themselves or assisting the offender to profit by the effects of the crime.
2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder , or an attempt to take the life of the Chief Executive , or is known to be habitually guilty of some other crime.

Question 31

Article 20

Answer 31

Accessories Who are Exempt from Criminal Liability. - The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article.