Crim Law Revised Penal Code of the Philippines.pdf There is document - Crim Law Revised Penal Code of the Philippines.pdf available here for reading and downloading. Without authority therefor, enters a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippine Archipelago; or. Penalty to be imposed upon accomplices in an attempted crime. 321-323) (see also Sayo vs. Chief of Police of Manila, 80 Philippines 859) The Code Committee that Revised the Penal Code. Resistance and disobedience to a person in authority or the agents of such person. 3. 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. Felony violation of Revised Penal Code Offense violation of Special Laws Crime violation of ordinary/public law (in some books, “infraction”) Elements of felonies in general are : 1. When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application of the rules contained in the first, second and third paragraphs of this article. A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this Code. Prision mayor in its minimum and medium periods and a fine not to exceed 10,000 pesos, if the counterfeited coin be silver coin of the Philippines or coin of the Central Bank of the Philippines of ten-centavo denomination or above. When there are neither aggravating nor mitigating circumstances, they shall impose the penalty prescribed by law in its medium period. Possession, preparation and use of prohibited drugs and maintenance of opium dens. 449 - COCKFIGHTING LAW OF 1974, PRESIDENTIAL DECREE NO. Partial Extinction of criminal liability. (As amended by Republic Act No. - Any person who shall give false testimony against the defendant in any criminal case shall suffer: 1. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin. 2. 2. Article 32. - The conspiracy and proposal to commit coup d'�tat shall be punished by prision mayor in its minimum period and a fine which shall not exceed eight thousand pesos (P8,000.00). In applying the provisions of this rule the duration of perpetual penalties (penal perpetua) shall be computed at thirty years. Civil interdiction, No liability shall attach in case of robbery with violence against or intimidation of persons unless committed by the innkeeper's employees. 5. Confiscation and forfeiture of the proceeds or instruments of the crime. Indemnification, - How committed. Article 94. View Notes - reyes-1968.pdf from COL 1001 at Philippine Law School. (As amended by Republic Act No. When the penalty is a complex one composed of three distinct penalties. Reclusion temporal, Conspiracy and proposal to commit coup d'�tat, rebellion or insurrection. 4200 - AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND FOR OTHER PURPOSES, REPUBLIC ACT NO. 3. 187. 187.). The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence. Their concept. (As reinstated by E.O. - The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a felony. The disqualification for holding similar offices or employments either perpetually or during the term of the sentence, according to the extent of such disqualification. Counterfeiting or imitating any handwriting, signature or rubric; 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 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 the one making defense had no part therein. - Any person who promotes, maintains or heads a rebellion or insurrection shall suffer the penalty of reclusion perpetua. Any convict of the class referred to in this article, who is not a habitual criminal, shall be pardoned at the age of seventy years if he shall have already served out his original sentence, or when he shall complete it after reaching the said age, unless by reason of his conduct or other circumstances he shall not be worthy of such clemency. No. By reclusion temporal, if notice or information be given thereby which might be useful to the enemy. Article 121. 2. Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods mentioned in this and the three preceding articles of this section, shall suffer the respective penalties provided therein. If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment. They are the relationship, intoxication and the degree of instruction and education of the offender. Article 64. 2. The Lawphil Project - Arellano Law Foundation. Any person who shall print, publish, or distribute or cause to be printed, published, or distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer's name, or which are classified as anonymous. 'Revised Penal Code of the Philippines PDF Free Download April 15th, 2018 - 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 ' 'Revised Penal Code Of The Philippines BOOK 2 Wattpad 2. - The restitution of the thing itself must be made whenever possible, with allowance for any deterioration, or diminution of value as determined by the court. - Any person who shall forge, import or utter, in connivance with the forgers or importers, any instrument payable to order or other document of credit not payable to bearer, shall suffer the penalties of prision correccional in its medium and maximum periods and a fine not exceeding 6,000 pesos. 16. Article 159. ), Article 147. - Any person who shall knowingly and falsely represent himself to be an officer, agent or representative of any department or agency of the Philippine Government or of any foreign government, or who, under pretense of official position, shall perform any act pertaining to any person in authority or public officer of the Philippine Government or of any foreign government, or any agency thereof, without being lawfully entitled to do so, shall suffer the penalty of prision correccional in its minimum and medium periods. - Whenever lawfully justified, the Director of Prisons shall grant allowances for good conduct. Searching domicile without witnesses. Prision correccional, suspension, and destierro. Article 166. - The penalty of arresto mayor or a fine ranging from two hundred to one thousand pesos, or both such fine and imprisonment, shall be imposed upon any person who, having been duly summoned to attend as a witness before the National Assembly, (Congress), its special or standing committees and subcommittees, the Constitutional Commissions and its committees, subcommittees, or divisions or before any commission or committee chairman or member authorized to summon witnesses, refuses, without legal excuse, to obey such summons, or being present before any such legislative or constitutional body or official, refuses to be sworn or placed under affirmation or to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions. Stay in Touch. Book 1 contain provisions on felonies and circumstances which affect criminal liability (Title 1), persons criminally liable for felonies (Title 2), penalties (Title 3), extinction of criminal liability (Title 4), and civil liability (Title 5). - The penalty of prision correccional shall be imposed upon any public officer or employee who, not being thereunto authorized by law, shall expel any person from the Philippine Islands or shall compel such person to change his residence. - The penalty of arresto shall carry with it that of suspension of the right to hold office and the right of suffrage during the term of the sentence. Penalty higher than reclusion perpetua in certain cases. Article 359 of the Revised Penal Code tells us: “Slander by deed – The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed upon any person who shall perform any act not included and punished in this title, which shall cast dishonor, … 8. When the commission of the act is attended by some mitigating circumstance and there is no aggravating circumstance, the lesser penalty shall be applied. When the respective shares cannot be equitably determined, even approximately, or when the liability also attaches to the Government, or to the majority of the inhabitants of the town, and, in all events, whenever the damage has been caused with the consent of the authorities or their agents, indemnification shall be made in the manner prescribed by special laws or regulations. The Revised Penal Code supplanted the Spanish Código Penal, which was in force in the Philippines (then a colony of the Spanish Empire up to 1898) from 1886 to 1930, after a failed attempt in to be implented in 1877. Article 100. - The execution shall take place in the penitentiary of Bilibid in a space closed to the public view and shall be witnessed only by the priests assisting the offender and by his lawyers, and by his relatives, not exceeding six, if he so request, by the physician and the necessary personnel of the penal establishment, and by such persons as the Director of Prisons may authorize. Article 71. 6. That the offender had no intention to commit so grave a wrong as that committed. Article 151. - 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. Such maximum period shall in no case exceed forty years. 6539 - AN ACT PREVENTING AND PENALIZING CARNAPPING, REPUBLIC ACT NO. Any person who acts under the compulsion of irresistible force. - Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. 10592 (Amending Articles 29, 94, 98, and 99 of the R.P.C. 2. Act No. Penalty to be imposed upon accessories of a frustrated crime. - Indemnification for consequential damages shall include not only those caused the injured party, but also those suffered by his family or by a third person by reason of the crime. – Arbitrary … The thing itself shall be restored, even though it be found in the possession of a third person who has acquired it by lawful means, saving to the latter his action against the proper person, who may be liable to him. By amnesty, which completely extinguishes the penalty and all its effects. 2 Established in May 2020 through GPPB Circular No. Within the limits of each period, the courts shall determine the extent of the penalty according to the number and nature of the aggravating and mitigating circumstances and the greater or lesser extent of the evil produced by the crime. (Read also Arts. If the offense mentioned in this article affects any food substance, motor fuel or lubricants, or other articles of prime necessity; the penalty shall be that of prision mayor in its maximum and medium periods, it being sufficient for the imposition thereof that the initial steps have been taken toward carrying out the purposes of the combination. Disturbance of proceedings. NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, and in the interest of national security as well as of public safety and order, do hereby decree and order as part of the law of the land the following amendment to article 125 of the Revised Penal Code, as amended.” Historical background. - When the offender is a minor under eighteen years and his case is one coming under the provisions of the paragraph next to the last of article 80 of this Code, the following rules shall be observed: 1. By narcotic drug is meant a drug that produces a condition of insensibility and melancholy dullness of mind with delusions and may be habit-forming. Prision correccional, - The crime of coup d'�tat is a swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications network, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office of employment, with or without civilian support or participation for the purpose of seizing or diminishing state power. When there are two or more mitigating circumstances and no aggravating circumstances are present, the court shall impose the penalty next lower to that prescribed by law, in the period that it may deem applicable, according to the number and nature of such circumstances. - The penalty of arresto menor or a fine not exceeding P200 pesos shall be imposed upon: 1. Keeper, watchman and visitor of opium den. By prision correccional, if the correspondence has been prohibited by the Government; 2. When and how a penalty is to be executed. The provisions of the first paragraph of this article shall not, however, be affected by those contained herein. Article 14. "Opium" embraces every kind, class, and character of opium, whether crude or prepared; the ashes or refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of opium, preparation in which opium, morphine or any alkaloid of opium, enter as an ingredient, and also opium leaves or wrappings of opium leaves, whether prepared or not for their use. - The following shall not be considered as penalties: 1. - The period of prescription of penalties shall commence to run from the date when the culprit should evade the service of his sentence, and it shall be interrupted if the defendant should give himself up, be captured, should go to some foreign country with which this Government has no extradition treaty, or should commit another crime before the expiration of the period of prescription. July 10, 1987. 3. The inconsistency in the statements of the prosecution witnesses on material points significantly erodes - Any person who shall give false testimony in favor of the defendant in a criminal case, shall suffer the penalties of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not to exceed 1,000 pesos, if the prosecution is for a felony punishable by an afflictive penalty, and the penalty of arresto mayor in any other case. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number; 4. Other afflictive penalties, in fifteen years; 3. From 6 months and 1 day to 2 years and 4 months. 4. ), Crimes Relative to Opium and Other Prohibited Drugs. 10592 (Amending Articles 29, 94, 98, and 99 of the R.P.C. Allowance for good conduct. - 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. Article 153. (As amended by Sec. Article 25. Article 101. - The subsidiary liability established in the next preceding article shall also apply to employers, teachers, persons, and corporations engaged in any kind of industry for felonies committed by their servants, pupils, workmen, apprentices, or employees in the discharge of their duties. First enacted in 1930, it remains in effect today, despite several amendments thereto. - How made. - The penalty of arresto menor or a fine not exceeding 200 pesos, or both, in the discretion of the court, shall be imposed upon: 1. Any person who, not being included in the provisions of the next preceding article, shall knowingly visit any dive or resort of the character referred to above. - The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who, without legal ground, shall prohibit or interrupt the holding of a peaceful meeting, or shall dissolve the same. This bill seeks to provide stronger protection for children from sexual abuse. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility; 3. Article 190. 264) (Restored by E.O. Civil interdiction. Article 132. - The penalties imposed by final sentence prescribe as follows: 1. Article 105. Prision mayor. False testimony favorable to the defendant. - The commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the latter in the place of the former. date of effectiveness and application of the provisions of this code title i: felonies and circumstances which affect criminal liability chapter 1. felonies chapter 2. justifying circumstances and circumstances … If the minor has been committed to the custody or care of any of the institutions mentioned in the first paragraph of this article, with the approval of the Director of Public Welfare and subject to such conditions as this official in accordance with law may deem proper to impose, such minor may be allowed to stay elsewhere under the care of a responsible person. - A deduction of one-fifth of the period of his sentence shall be granted to any prisoner who, having evaded the service of his sentence under the circumstances mentioned in article 158 of this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe to in said article. Mutilation of coins. Description Revised Penal Code by Reyes Account 157.55.39.206. Pecuniary liabilities. (As amended by Com. Special time allowance for loyalty. - A pardon by the offended party does not extinguish criminal action except as provided in article 344 of this Code; but civil liability with regard to the interest of the injured party is extinguished by his express waiver. Other persons participating therein shall suffer the penalty of prision correccional in its maximum period and a fine not exceeding 5,000 pesos. - The following do not incur any criminal liability: 1. (As amended by Republic Act No. 5. 6968, O.G. 3. That as a means to the commission of a crime a wall, roof, floor, door, or window be broken. That advantage be taken of superior strength, or means be employed to weaken the defense. The regulations shall make provision for the separation of the sexes in different institutions, or at least into different departments, and also for the correction and reform of the convicts. In the case of the minor, he shall be proceeded against in accordance with the provisions of article 80. Rules regarding civil liability in certain cases. 11. 532 - ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974, PRESIDENTIAL DECREE NO. 5. 5. Those who directly force or induce others to commit it; 3. Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, in conformity herewith, shall in no case exceed 30 years. The courts, in applying such lower or higher penalty, shall observe the following graduated scales: 3. The possession of any lottery ticket or advertisement shall be prima facie evidence of an intent to sell, distribute or use the same in the Philippine Islands. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers, superior officials may impose upon their subordinates. Article 95. If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit, the penalty corresponding to the latter shall be imposed in its maximum period. Article 60. Fine - When afflictive, correctional, or light penalty. 6425 - THE DANGEROUS DRUGS ACT OF 1972, REPUBLIC ACT NO. Articles 256, 258 and 259 of the Revised Penal Code of the Philippines mandate imprisonment for women who undergo abortion, as well as for any person who assists in the procedure. Unfair competition, fraudulent registration of trademark, tradename or service mark, fraudulent designation of origin, and false description. In case the minor fails to behave properly or to comply with the regulations of the institution to which he has been committed or with the conditions imposed upon him when he was committed to the care of a responsible person, or in case he should be found incorrigible or his continued stay in such institution should be inadvisable, he shall be returned to the court in order that the same may render the judgment corresponding to the crime committed by him. That there must be an act or omission, 2. 3. Making any alteration or intercalation in a genuine document which changes its meaning; 7. 7. REPUBLIC ACT NO. - The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 1,000 pesos shall be imposed upon the founders, directors, and presidents of associations totally or partially organized for the purpose of committing any of the crimes punishable under this Code or for some purpose contrary to public morals. The nineteenth edition of this book incorporates revisions to the Revised Penal Code effected by R.A. No. For good conduct allowances which the culprit may earn while he is serving his sentence. 4. False medical certificates, false certificates of merits or service, etc. Whatever may be the number and nature of the aggravating circumstances, the courts shall not impose a greater penalty than that prescribed by law, in its maximum period. When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of arresto menor or a fine ranging from 10 to 100 pesos shall be imposed upon the offender. Extinction of civil liability. Article 125. Article 69. Article 116. Article 39. Act No. Penalty to be imposed in case of failure to commit the crime because the means employed or the aims sought are impossible. 115 - PROVIDING FOR THE REGULATION OF TRUST RECEIPTS TRANSACTIONS, PRESIDENTIAL DECREE NO. 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