You've probably heard of the Revised Penal Code of the Philippines, but how much do you actually know about this set of laws that govern criminal offenses in the country? Chances are, not as much as you should. The Revised Penal Code has been in effect since 1932 and outlines the majority of criminal laws in the Philippines. It details what acts are considered crimes, the penalties for those crimes, and other vital information. As citizens, we should all have at least a basic understanding of the laws that apply to us. This article aims to give you an overview of the key points of the Revised Penal Code so you know what is and isn't allowed under Philippine law and what the potential consequences are if you break the rules. Buckle up - you're about to get a crash course in criminal law.
A Brief History of the Revised Penal Code
The Revised Penal Code of the Philippines has been around since 1932. It’s the main law that defines criminal offenses and their penalties in the Philippines. To understand the RPC today, it helps to know a bit about its history.
The RPC replaced the old Spanish Penal Code of 1870. After the Philippines gained independence from Spain in 1898, the new nation needed its own criminal laws. A committee revised the old Penal Code to suit the country's needs. In 1930, the Revised Penal Code was approved.
The RPC covered a range of offenses like -
Homicide, physical injuries and unjust vexation
Theft, robbery, and trespassing
Fraud, falsification of documents, and malicious mischief
Adultery, concubinage, and abduction
Rebellion, sedition, and illegal assemblies
Over the years, lawmakers have updated the RPC to keep up with the times. They’ve added laws against hijacking, plunder, child abuse, and human trafficking. They’ve also increased penalties for drug offenses and lowered the age of criminal liability for heinous crimes.
Today, the Revised Penal Code remains an important part of the Philippine legal system. Though not perfect, it aims to uphold justice and protect citizens. Familiarizing yourself with the RPC helps you know your rights and avoid trouble!
Book 1: General Provisions
The Revised Penal Code of the Philippines lays out the general provisions around crimes and punishment. Book 1 covers the basics you should know.
The RPC applies to all criminal offenses committed within the Philippine territory. It also applies to all Filipino citizens who commit crimes outside the country. Foreigners who commit crimes within the Philippines also fall under the RPC.
Territoriality: Crimes committed within the Philippines
Nationality: Crimes committed by Filipinos anywhere
Protective principle: Crimes committed against the state
Ignorance of the law excuses no one. Not knowing that an act is criminal does not make you any less liable. The law presumes you know the legal consequences of your actions.
Criminal liability starts at the age of 9. If you're under 15, you'll go through a diversion program. Ages 15-18, you're criminally liable but with lower penalties. Over 18, you're subject to full criminal responsibility.
Criminal penalties can include imprisonment, fines, forfeiture of property, and deprivation of civil rights like voting or running for office. Imprisonment can range from a few days to life, and fines from a small amount to millions of pesos.
The RPC aims to punish unlawful acts that harm society. By understanding the general provisions, you can avoid committing criminal offenses and instead exercise your rights responsibly as a Filipino citizen. Following the law is for the greater good of all.
Book 2: Crimes Against Persons
The Revised Penal Code dedicates an entire book to crimes against persons. This includes acts of physical harm, as well as those against one's liberty and security.
Crimes Against Life
This chapter covers offenses like murder, parricide, infanticide, abortion, and euthanasia. Murder, in particular, is defined as the unjust killing of another without extenuating circumstances. It is punishable to death penality.
Crimes Against Liberty
Illegal detention, abduction, and unlawful arrest are covered under this section. For example, unjustly imprisoning another person against their will is considered illegal detention. Those found guilty face penalties of arresto mayor to prision correccional.
Crimes Against Chastity
Rape, seduction, and acts of lasciviousness are included here. Rape, especially, is one of the most serious crimes, subjecting the perpetrator to reclusion perpetua or even death. The use of force, grave threats, or the absence of valid consent must be proven to convict someone of rape.
Crimes Against Honor
Slander, libel, and unjust vexation intended to dishonor or discredit a person are defined as crimes against honor. For instance, publicly imputing a crime, vice, or defect to dishonor another can constitute libel, which is punishable by a fine and/or imprisonment.
Other Crimes
Light threats, alarm and scandal, trespass to dwelling, and violence against international law are also covered under Book 2. Causing disturbances or scandals in public places may be considered acts of alarm and scandal. Trespassing on private property without consent is punishable by arresto menor or fine.
In summary, Book 2 of the Revised Penal Code aims to protect people's lives, liberty, honor, and chastity from unjust harm. Perpetrators of these crimes face penalties ranging from fines to life imprisonment to death.
Book 3: Crimes Against Property
The Revised Penal Code dedicates an entire book to crimes against property. These are offenses that infringe on one's right to ownership and possession of real or personal property.
Theft
Theft, which is the unlawful taking of another's property, is punished under Articles 308 to 310. The penalties range from arresto mayor (1 month and 1 day to 6 months imprisonment) to reclusion temporal (12 years and 1 day to 20 years) depending on the value of the property stolen.
Simple theft is taking property without the owner's consent. An example is shoplifting merchandise from a store.
Qualified theft is theft committed under certain aggravating circumstances, such as theft by a domestic servant or theft taking advantage of one's official position. The penalty for qualified theft is higher.
Theft of certain vehicles like aircraft, steamships, or motor vehicles is penalized separately under the Revised Penal Code.
Robbery
Robbery, which is theft by means of violence against or intimidation of persons, is penalized more severely under Articles 294 to 299. Like theft, the penalties vary based on whether the robbery is simple, qualified by aggravating factors, or in a dwelling place, public building, highway or deserted place.
Highway robbery or “brigandage” refers to robbery committed by outlaws in a place difficult to access. It is punishable by prison mayor to reclusion temporal.
Robbery with homicide, when death results from the commission of robbery, is punishable by reclusion perpetua to death.
Esta-fa
Esta-fa, or swindling and other forms of deceit, is covered by Articles 315 to 318. Penalties range from arrest mayor to prison correlational (6 months and 1 day to 6 years imprisonment) depending on the amount of defraudation. Esta-fa is similar to fraud in other jurisdictions.
Penalties: Imprisonment, Fines and Accessory Penalties
The Revised Penal Code provides a range of penalties for crimes, from imprisonment and fines to accessory penalties like civil interdiction. Let’s break down what you need to know about each type of punishment.
Imprisonment
Imprisonment refers to incarceration for a period of time. The duration depends on the gravity of the offense, and can range from a few days to life imprisonment. The more serious the crime, the longer the jail time.
Fines
Fines are financial penalties imposed for violations. The amount is also proportionate to the severity of the offense. Failure to pay fines can result in subsidiary imprisonment. Offenders unable to pay fines due to indigence may be exempted.
Accessory Penalties
Accessory penalties are additional punishments that accompany imprisonment or fines. Some examples:
Civil interdiction - Deprivation of parental authority, guardianship, and marital authority.
Perpetual absolute disqualification - Prohibition from holding public office or practicing a profession.
Temporary absolute disqualification - Disqualification for a limited period of time.
Suspension from public office - Prohibition from exercising functions of public office.
Fines - Payment of sum of money as penalty for offense.
The Revised Penal Code aims to penalize criminal offenses in a fair and just manner. The penalties imposed depend on factors like mitigating circumstances, aggravating factors, and the degree of injury or damage. The punishment should fit the crime, so lighter offenses warrant less severe sanctions, while more malicious acts receive harsher discipline. The penalties serve to deter criminal behavior, punish perpetrators, and rehabilitate offenders.
Conclusion
You now have a high-level overview of the Revised Penal Code of the Philippines and some of the key provisions you should be aware of. While the law may seem complicated, knowing your rights and responsibilities as a Filipino citizen is so important. The penal code aims to uphold justice and ensure safety for all, but there are certainly aspects that remain controversial and are open to interpretation. The key is to stay up to date with any amendments to the law and understand how they may impact you. Though it can feel tedious, taking the time to understand the Revised Penal Code will help ensure you avoid legal trouble and protect your rights. Stay informed and aware, friends! Knowledge is power.