THE REVISED PENAL CODE

BOOK ONE
(Act. No. 3815, as amended)

ATTY. RISTY N. SIBAY, MPA

OIC, Office of the ARD
NAPOLCOM Regional Office No. 7
Concept of Crime

 Refers to any antisocial act punishable by the law of the

land.
 Has been defined as an act committed or omitted in
violation of public law forbidding or commanding it.
 Definition of Terms:
Criminal Law -
- branch or division of law which defines crimes, treats of their
nature and provides for their punishment

Crime -
- an act committed or omitted in violation of public law forbidding
or commanding it.
Crime is MULTI-FACETED, it is…

 a SOCIAL PROBLEM
 a POLITICAL PROBLEM
 a SPIRITUAL PROBLEM; AND

 an ECONOMIC PROBLEM
 Crime and Its Effects or Implications:
A. CRIME AND THE NATIONAL ECONOMY –Peace and order is
sine qua non to progress and development.

B. CRIME AND THE PHILIPPINE POLITICAL STRUCTURE –

The need to address crime and criminality is the primary
consideration of the political leadership.

C. CRIME AND THE DEVELOPMENT ADMINISTRATION – the

thrust and efforts of the government are concerned towards
attaining political and economic stability.
Human Rights -
means giving Filipinos, especially those at the society’s
fringes, a decent and dignified future through the social
and physical infrastructure necessary to better their lives.
The lives and freedoms and hard-earned property of every
Filipino whose condition we wish to improve shall be
protected from criminals, terrorists, corrupt officials, and
traffickers [of] contraband. (Transcript of President Duterte’s 3rd State
of the Nation Address)
Classification of Rights:
a. Natural Rights – those possessed by every citizen without
being granted by the State for they are given to man God as
human beings created to His image that he may live a happy life.
b. Constitutional Rights – conferred and protected by the
Constitution.
c. Statutory Rights – provided by law, promulgated by the law-
making body and consequently may be abolished by the same
body.
Constitutional Rights of the Accused:
1. Right to due process and equal protection of the laws (Sections 1
and 14, Art. III)
2. Right to speedy disposition of their cases before all judicial, quasi-
judicial or administrative bodies (Sec. 16)
3. Right to be presumed innocent until proven guilty (Sec. 14)
4. Right to self-incrimination (Sec. 17)
Constitutional Rights of the Accused:
5. Right against excessive fines or cruel, degrading or inhuman
punishment (Sec. 19)
6. Right against double jeopardy (Sec. 21)
7. Right to free access to courts and quasi-judicial bodies and adequate
legal assistance (Sec. 11)
 Statutory Rights of the Accused:
In all criminal prosecutions, the accused shall be entitled (Rule 115, Sec. 1 of Rules of
Court):
a. To be presumed innocent until the contrary is proved beyond reasonable doubt.
b. To be informed of the nature and cause of the accusation against him.
c. To be present and defend in person and by counsel at every stage of the
proceedings, from arraignment to promulgation of the judgment. The accused
may, however, waive his presence at the trial pursuant to the stipulations set forth
in his bail, unless his presence is specifically ordered by the court for purposes of
identification. xxx
Statutory Rights of the Accused:

d. To testify as a witness in his own behalf but subject to cross-examination

on matters covered by direct examination. His silence shall not in any
manner prejudice him.
e. To be exempt from being compelled to be a witness against himself.
f. To confront and cross-examine the witnesses against him at the trial.
g. To have compulsory process issued to secure the attendance of witnesses
and production of other evidence in his behalf.
h. To have speedy, impartial and public trial.
i. To appeal in all cases allowed and in the manner prescribed by law.
 Sources of Criminal Law:
1. The Revised Penal Code (Act No. 3815) and its amendments.

2. Special Penal Laws passed by the Philippine Commission,

Philippine Assembly, Philippine Legislature, National Assembly,
the Congress of the Philippines and the Batasang Pambansa.

3. Presidential Decrees issued during Martial Law.

The Revised Penal Code (RPC):
 Book I –
Basic principles affecting criminal liability (Arts. 1-20)
Penalties including criminal and civil liability (Arts. 21-113)

 Book II –
Defined felonies with the corresponding penalties, classified and
grouped under 14 different titles (Arts. 114-365)
When did the Revised Penal Code took effect?

January 1, 1932 .
 Distinction between felonies under RPC and crimes under
Special Penal Laws:

• Based on mens rea or dolo or culpa; while it is enough that the prohibited
act was done voluntarily in crimes under special penal laws
• Good faith or lack of criminal intent is a valid defense while good faith or
lack of criminal intent is not a defense in crimes
• Degree of accomplishment is taken into account (A/F/C) in mala in se
while the acts give rise to crime only when consummated in mala prohibita
• Mitigating and aggravating circumstances are taken into consideration
• Degree of participation (P/A/A) while in crimes, all who perpetrated the
offense are penalized in the same extent
Is there a so-called common law crimes in the
Philippines?
No. The so-called common law crimes, known in the United States and
England as the body of principles, usages and rules of action, which do
not rest for their authority upon any express and positive declaration of
the will of the legislature, are not recognized in this country. Unless
there be a particular provision in the penal code or special penal law that
defines and punishes the act, even it be socially or morally wrong, no
criminal liability is incurred by its commission. (US vs. Taylor, 28 Phil.
599, 604)
Characteristics of Criminal Law:

General –

binding on all persons who live or sojourn in Philippine

territory (Art. 14, Civil Code)
 Exceptions to the general application of
Criminal Law:
a) Treaty stipulations
b) Law of preferential application
c) Principles of Public International Law

The following persons are exempted:

a. Sovereigns and other chief of state
b. Ambassadors, ministers, plenipotentiary, minister resident and charges
d’affaires. (Note: Consuls, vice-consuls and other commercial representatives
of foreign nation cannot claim the privileges and immunities accorded to
ambassadors and ministers.)
Characteristics of Criminal Law:

Territorial –

undertake to punish crimes committed within Philippine

territory, except as provided under Art. 2 of the RPC.

(Note: Penal laws not applicable within or outside Philippine

territory if so provided in treaties and laws of preferential
application. )
 Extra-Territorial Application of Special
Penal Laws:
1. Sec. 58, R.A. No. 9372 or Human Security Act of 2007

2. Sec. 49, R.A. No. 11479 or the Anti-Terrorism Act of 2020

Characteristics of Criminal Law:

Prospective –

penal law cannot make an act punishable in a manner in which it

was not punishable when committed.
Exception to the prospective application of
criminal laws
Criminal law may be applied retroactively when the new law is favorable
to the accused and that the offender is not a habitual delinquent. (Art.
22, RPC)

(Note: However, if the new law expressly provides that it is inapplicable

to pending actions or existing causes of actions, the same cannot be
retroactively applied)
Legal Maxims on Prospective Application of
Penal Laws
 Lex prospicit, non respicit (the law looks forward, not backward)
 Lex de futuro, judex deprceterito (the law provides for the future, the judge for
the past)
 Favorabilia sunt amplianda adiosa restrigenda (penal laws which are favorable
to the accused are given retroactive effect)
According to Mr. Chief Justice Manuel Araullo, the principle is "not as a right" of
the offender, "but founded on the very principles on which the right of the State to
punish and the commination of the penalty are based, and regards it not as an
exception based on political considerations, but as a rule founded on principles of
strict justice. (Edago, et al. vs. De Lima, June 25, 2019)
Limitations on the power of Congress to enact
penal laws:
1. No ex post facto law or bill of attainder shall be enacted. (Art.
III, Sec. 22)
2. No law that violates equal protection clause of the constitution
shall be enacted
3. No law which imposes cruel and unusual punishments nor
excessive fines shall be enacted.
Bill of Attainder

A legislative act which inflicts punishment without trial. Its essence

is the substitution of a legislative for a judicial determination of
guilt.
Ex post facto laws:
1. One which makes an action done before the passing of the law and which was innocent when
done, criminal, and punishes such actions;
2. One which aggravates a crime or makes it greater than it was when committed;
3. One which changes the punishment and inflicts a greater punishment than the law annexed to the
crime when it was committed;
4. One which alters the legal rules of evidence and receives less or different testimony than the law
required at the time of the commission of the offense in order to convict the defendant;
5. One which assumes to regulate civil rights and remedies only but in effect imposes a penalty or
deprivation of a right which when done was lawful; or
6. That which deprives a person accused of a crime of some lawful protection to which he has
become entitled, such as the protection of a former conviction or acquittal, or a proclamation of
amnesty. (Salvador vs. Mapa, G.R. No. 135080, November 28, 2007)
Construction of Penal Laws

1. Penal laws are liberally construed in favor of offender (ex. Offender

must clearly fall within the terms of the law; an act is only considered
criminal when the law so provides)
2. In case of conflict with official translation, the original text in which a
penal law is approved shall prevail
3. No interpretation by analogy.
What is the Doctrine of Pro Reo?
- In dubio pro reo (when in doubt, for the accused)
- Whenever a penal law is to be construed or applied and the law admits of
two interpretations – one lenient to the offender and one strict to the
offender – that interpretation which is lenient or favorable to the offender
will be adopted.
- When moral certainty as to culpability hangs in the balance, acquittal on
reasonable doubt inevitably becomes a matter of right. (Zafra v. People, G.R. No.
190749, 25 April 2012, 671 SCRA 396, 409, citing Malillin v. People, 576 Phil. 576, 593 [2008])
Theories in Criminal Law:
Classical Theory -

The basis of criminal liability is human free will and the

purpose of penalty is retribution. That man is essentially a
moral creature with an absolutely free will to choose between
good and evil, thereby placing more stress upon the effect or
result of the felonious act than upon the man, the criminal
himself. The RPC is generally governed by this theory.
Theories in Criminal Law:
Positivist Theory –

The basis of criminal liability is the sum of the social and economic
phenomena to which the actor is exposed wherein prevention and
correction is the purpose of penalty. This theory is exemplified in the
provisions regarding impossible crimes and habitual delinquency.
Theories in Criminal Law:
Eclectic or Mixed Theory –

The combination of positivist and classical thinking wherein crimes that

are economic and social in nature should be dealt in a positive manner;
thus, the law is more compassionate.
Application of the RPC:

Art. 2. 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:
Article 2, RPC:
1. Offense committed while on a Philippine ship or airship
2. Forging or counterfeiting any coin or currency note of the
Philippines or obligations and securities issued by the Government.
3. Introduction into the country of the above-mentioned obligations
and securities.
4. While being public officers or employees should commit an offense
in the exercise of their functions.
5. Should commit any of the crimes against national security and the
law of nations defined in Title One of Book Two.
Rule on Vessels:
1.) Philippine vessel or aircraft.

Philippine law shall apply to offenses committed in vessels registered with

the Philippine Bureau of Customs. It is the registration, not the ownership of
the vessel which matters. But if the Philippine vessel or aircraft is in the
territory of a foreign country, the crime committed on board said vessel or
aircraft is subject to the laws of the country.
Rule on Vessels:
2. On Foreign Merchant Vessels:

 English Rule: Crimes committed aboard a vessel within the territorial

waters of a country are triable in the courts of such country.

Exception: When the crimes merely affect things within the vessel or
when they only refer to the internal management thereof.
Rule on Vessels:
2. On Foreign Merchant Vessels:

 French Rule: Crimes committed aboard vessel within the territorial

waters of a country are not triable in the courts of said country.

Exception: When their commission affects the peace and security of

the territory or when the safety of the state is endangered.
Rule on Vessels:
In the Philippines, we follow the English Rule.

In the case of a foreign warship, the same is not subject to territorial
laws.