RPC articles Flashcards
ARTICLE 1: TIME WHEN ACT TAKES EFFECT
This Code shall take effect on the first day of January, nineteen hundred and thirty-two.
ARTICLE 2: APPLICATION OF THE 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 waters and maritime zone, but also outside of its jurisdiction, against those who:
- Should commit an offense while on a Philippine ship or airship;
- 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;
- Should be liable for acts connected with the introduction into these Islands of the obligations and securities mentioned in the preceding number;
- While being public officers or employees, should commit an offense in the exercise of their functions; or
- Should commit any of the crimes against national security and the law of nations, defined in Tile One of Book Two of this Code.
ARTICLE 3: DEFINITION
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 where 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.
ARTICLE 4: CRIMINAL LIABILITY
Criminal liability shall be incurred:
- By any person committing a felony (delito) although the wrongful act done be different from that which he intended.
- By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means.
ARTICLE 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 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.
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.
ARTICLE 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 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.
ARTICLE 7: WHEN LIGHT FELONIES ARE PUNISHABLE
Light felonies are punishable only when they have been consummated, with the exception of those committed against person or property.
ARTICLE 8: CONSPIRACY AND PROPOSAL TO COMMIT A FELONY
Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides 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.
ARTICLE 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 Art. 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 above-mentioned Art.
Light felonies are those infractions of law for the commission of which a penalty of arresto menor or a fine not exceeding 200 pesos or both; is provided.
ARTICLE 10: 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 specially provide the contrary.
