The Revised Penal Code contains the general penal laws of the Philippines. First enacted in 1930, it remains in effect today, despite several amendments thereto. It does not comprise a comprehensive compendium of all Philippine penal laws. The Revised Penal Code itself was enacted as Act No. 3815, and some Philippine criminal laws have been enacted outside of the Revised Penal Code as separate Republic Acts.

Historical background

The Revised Penal Code supplanted the 1870 Spanish Código Penal, which was in force in the Philippines (then an overseas province of the Spanish Empire up to 1898) from 1886 to 1930, after an allegedly uneven implementation in 1877. The new Code was drafted by a committee created in 1927, and headed by Judge Anacleto Díaz, who would later serve on the Supreme Court. Rather than engage in a wholesale codification of all penal laws in the Philippines, the committee instead revised the old Penal Code and included all other penal laws only insofar as they related to the Penal Code.

Features

The Revised Penal Code criminalizes a whole class of acts that are generally accepted as criminal, such as the taking of a life whether through murder or homicide, rape, robbery theft, and treason. The Code also penalizes other acts that are considered criminal in the Philippines, such as adultery, concubinage, and abortion. It expressly defines the elements that each crime comprises, and the existence of all these elements has to be proven beyond reasonable doubt in order to secure a conviction. Not all crimes in the Philippines are penalized under the Code; certain crimes, such as the illegal possession of firearms, are penalized under special legislation contained in Republic Acts. The most notable crimes now excluded from the Revised Penal Code are those concerning illegal drug use or trafficking, which are penalized instead under the Dangerous Drugs Act of 1972 and later the Comprehensive Dangerous Drugs Act of 2002. One distinct aspect of the Revised Penal Code centers on its classification of aggravating, exempting and mitigating circumstances, the appreciation of which affects the gradation of penalties. Penalties under the Revised Penal Code are generally divided into three periods – the minimum period, the medium period, and the maximum period. In addition to establishing the elements of the crime, the prosecution may also establish the presence of aggravating circumstances in order to set the penalty at the maximum period, or mitigating circumstances to reduce the penalty to its minimum period. The presence of both aggravating and mitigating circumstance, or the absence of such circumstances, may result in the imposition of the penalty in its medium period. Several provisions of the Revised Penal Code have also been amended through Republic Acts. One of the more consequential amendments came in 1997, with the passage of Republic Act No. 8353, the Anti-Rape Law of 1997. Prior to the 1997 amendments, rape had been classified as a crime against chastity and was defined as "having carnal knowledge of a woman" under enumerated circumstances that indicated lack of consent. Under the amendments, rape was reclassified as a crime against persons. The definition was further expanded from mere "carnal knowledge of a woman" and now included "an act of sexual assault by inserting his penis into other person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person." Additional circumstances by which the victim would be deemed incapable of giving valid consent were also integrated into this new definition of rape. With the abolition of the death penalty in 2006, the highest penalty currently possible under the Revised Penal Code is reclusión perpetua, which ranges from 20 years and 1 day to 40 years' imprisonment. The penalty of life imprisonment is not provided for in the Revised Penal Code, although it is imposed by other penal statutes such as the Comprehensive Dangerous Drugs Act. Republic Act 10951, signed by president Rodrigo Duterte in 2017, updated the fines and penalties to the law. Previously, the law mandated fines ranging from five to 100,000 pesos; the new law updated the fines, ranging from 1,000 pesos for other coercions and unjust vexations, up to 4 million for treason. The law also amends the length of incarceration for malversation of public funds.

Preliminary article

It states that the law shall be known as the "Revised Penal Code."

Book One

A preliminary article states when it takes effect (on January 1, 1932), and where the law can be enforced, which includes the Philippine archipelago, and on a Philippine ship or airship, among others.

Title One: Felonies and criminal liability

Chapter One defines what a felony is, which are acts and omissions punishable by law, either by means of deceit, or by fault. It defines who is criminally liable, whether a felony is consummated, frustrated or attempted, when conspiracy and proposal to commit felonies are punishable, which felonies are light, less grave and grave. The succeeding chapters list which circumstances justify, exempt, mitigate and aggravate criminal liability.

Title Two: Persons criminally liable

This title discusses who are the persons liable. These include the principals, accomplices and the accessories, with the latter classification not used for light felonies.

Title Three: Penalties

All penalties relating to death are commuted to reclusión perpetua.

Length of incarceration

Other penalties

Accessory penalties

Title Four: Extinction of criminal liability and civil liability

Extinction of criminal liability

This discusses when criminal liability is extinguished. These include by death of the convict, service of the sentence, by amnesty, and by absolute pardon, among others.

Prescription of crimes

This discusses when crimes can no longer be prosecuted, from the time the crime is discovered by the offended party, the authorities, or their agents.

Title Five: Civil liability

The law states that "every person criminally liable for a felony is also civilly liable."

Book Two

The code classifies crimes into different titles, each divided to one or more chapters, all of these in Book Two of the code.

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

Title Four: Crimes against public interest

Title Five: Crimes relative to opium and other prohibited drugs

Repealed by Comprehensive Dangerous Drugs Act of 2002.

Title Six: Crimes against public morals

Articles 195 to 199, which cover gambling, have been repealed by Presidential Decree 1602 as amended by Republic Act 9287.

Title Seven: Crimes committed by public officers

For purposes of this section, and elsewhere when cited, a public officer is a anyone who takes part in public functions of the government of the Philippines. Other crimes committed by public officers are included in the Anti-Graft and Corrupt Practices Act, and other laws.

Title Eight: Crimes against persons

Title Nine: Crimes against personal liberty and security

Title Ten: Crimes against property

Title Eleven: Crimes against chastity

Title Twelve: Crimes against civil status of persons

Title Thirteen: Crimes against honor

Title Fourteen: Quasi-offenses (criminal negligence)

Title Fifteen: Final provisions

This includes provisions on crimes committed prior to the code to be applied under the laws at that time, and a repealing clause.

Other penalties

Amendments

The code has been amended and repealed multiple times: