- BOOK ONE GENERAL PROVISIONS REGARDING THE DATE OF ENFORCEMENT AND APPLICATION OF THE PROVISIONS OF THIS CODE, AND REGARDING THE OFFENSES, THE PERSONS LIABLE AND THE PENALTIES
- Preliminary Title DATE OF EFFECTIVENESS AND APPLICATIONOF THE PROVISIONS OF THIS CODE
- Title One FELONIES AND CIRCUMSTANCESWHICH AFFECT CRIMINAL LIABILITY
- Title Two PERSONS CRIMINALLY LIABLE FOR FELONIES
- Title Three P E N A L T I E S
- Title Four EXTINCTION OF CRIMINAL LIABILITY
- Title Five CIVIL LIABILITY
- BOOK TWO CRIMES AND PENALTIES
- Title One CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
- Title Two CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
- Title Three CRIMES AGAINST PUBLIC ORDER
- Chapter One REBELLION, SEDITION AND DISLOYALTY
- Chapter Two CRIMES AGAINST POPULAR REPRESENTATION
- Chapter Three ILLEGAL ASSEMBLIES AND ASSOCIATIONS
- Chapter Four ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS
- Chapter Five PUBLIC DISORDERS
- Chapter Six EVASION OF SERVICE OF SENTENCE
- Chapter Seven COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE
- Title Four CRIMES AGAINST PUBLIC INTEREST
- Title Five CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
- Title Six CRIMES AGAINST PUBLIC MORALS
- Title Seven CRIMES COMMITTED BY PUBLIC OFFICERS
- Chapter One PRELIMINARY PROVISIONS
- Chapter Two MALFEASANCE AND MISFEASANCE IN OFFICE
- Chapter Three FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS
- Chapter Four MALVERSATION OF PUBLIC FUNDS OR PROPERTY
- Chapter Five INFIDELITY OF PUBLIC OFFICERS
- Chapter Six OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS
- Title Eight CRIMES AGAINST PERSONS
- Title Nine CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
- Title Ten CRIMES AGAINST PROPERTY
- Chapter One ROBBERY IN GENERAL
- Chapter Two BRIGANDAGE
- Chapter Three THEFT
- Chapter Four USURPATION
- Chapter Five CULPABLE INSOLVENCY
- Chapter Six SWINDLING AND OTHER DECEITS
- Chapter Seven CHATTEL MORTGAGE
- Chapter Eight ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS
- Chapter Nine MALICIOUS MISCHIEF
- Chapter Ten EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY
- Title Eleven CRIMES AGAINST CHASTITY
- Title Twelve CRIMES AGAINST THE CIVIL STATUS OF PERSONS
- Title Thirteen CRIMES AGAINST HONOR
- Title Fourteen QUASI-OFFENSES
- FINAL PROVISIONS
ACT NO. 3815
AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS
(December 8, 1930)
Preliminary Article — This law shall be known as "The Revised Penal Code."
BOOK ONE
GENERAL PROVISIONS REGARDING THE DATE OF
ENFORCEMENT AND APPLICATION OF THE PROVISIONS
OF THIS CODE, AND REGARDING THE OFFENSES, THE
PERSONS LIABLE AND THE PENALTIES
Preliminary Title
DATE OF EFFECTIVENESS AND APPLICATION
OF THE PROVISIONS OF THIS CODE
Article 1. Time when Act takes effect. — This Code shall take effect on the first day of January, nineteen hundred and thirty-two.
Art. 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 waters and maritime zone, but also outside of 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 with the introduction into these islands of the obligations and securities mentioned in the presiding 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.
Title One
FELONIES AND CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY
Chapter One
FELONIES
Art. 3. Definitions. — Acts and omissions punishable by law are felonies (delitos).
Felonies are committed not only be 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.
Art. 4. 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 persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means.
Art. 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 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.
Art. 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 over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance.
Art. 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.
Art. 8. 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.
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.
Art. 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 arrest menor or a fine not exceeding 200 pesos or both; is provided.
Art. 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.
Chapter Two
JUSTIFYING CIRCUMSTANCES
AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY
Art. 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 or repel it.
Third. Lack of sufficient provocation on the part of the person defending himself.
2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those 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 revocation was given by the person attacked, that the one making defense had no part therein.
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 Art. are present and that the person defending be not induced by revenge, resentment, or other evil motive.
4. Any person who, in order to avoid an evil or injury, does not act which causes 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 and less harmful means of preventing it.
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 purpose.
Art. 12. Circumstances which exempt from criminal liability. — the following are exempt from criminal liability: