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Art. 1. This Code shall take effect on January 1, 1932.

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:

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 preceding number;

4. While being public officers or employees, should commit an offense in the exercise of their functions; or

5. Should commit any crimes against the national security and the law of nations, defined in Title One of Book Two of
this Code.

Rules as to crimes committed aboard foreign merchant vessels:

1.​ French Rule – Such crimes are not triable in the courts of that country, unless their commission affects the peace
and security of the territory or the safety of the state is endangered.
1.​ English Rule – Such crimes are triable in that country, unless they merely affect things within the vessel or they
refer to the internal management thereof. (This is applicable in the Philippines)

Art 3. Acts and omissions punishable by law are felonies.

●​ Acts – an overt or external act

●​ Omission – failure to perform a duty required by law. Example of an omission: failure to render assistance to
anyone who is in danger of dying or is in an uninhabited place or is wounded – abandonment.
●​ Felonies – acts and omissions punishable by the Revised Penal Code
●​ Crime – acts and omissions punishable by any law

by means of deceit (dolo) – There is deceit when the act is performed with deliberate intent.

Requisites:

1.​ freedom
2.​ intelligence
3.​ intent

by means of fault (culpa) – There is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack
of skill.

Requisites:

1.​ Freedom
2.​ Intelligence
3.​ Imprudence, negligence, lack of skill or foresight
4.​ Lack of intent

Mistake of fact – is a misapprehension of fact on the part of the person who caused injury to another. He is not criminally liable.

Requisites:

1.​ that the act done would have been lawful had the facts been as the accused believed them to be;
2.​ intention of the accused is lawful;
3.​ mistake must be without fault of carelessness.
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Art. 4. Criminal liability shall be incurred:

1. By any person committing a felony, although the wrongful act done be different from that which he intended.

●​ Mistake in identity of the victim (error in personae) – injuring one person who is mistaken for another
●​ Mistake in blow (aberratio ictus)– hitting somebody other than the target due to lack of skill or fortuitous instances
●​ Injurious result is greater than that intended (praeter intentionem )– causing injury graver than intended or expected

In all these instances the offender can still be held criminally liable, since he is motivated by criminal intent.

Requisites:

1.​ the felony was intentionally committed

2.​ the felony is the proximate cause of the wrong done

Doctrine of Proximate Cause – such adequate and efficient cause as, in the natural order of events, and under the particular
circumstances surrounding the case, which would necessarily produce the event.

Requisites:

1.​ the direct, natural, and logical cause

2.​ produces the injury or damage
3.​ unbroken by any sufficient intervening cause
4.​ without which the result would not have occurred

Proximate Cause is negated by:

1.​ Active force, distinct act, or fact absolutely foreign from the felonious act of the accused, which serves as a
sufficient intervening cause.
2.​ Resulting injury or damage is due to the intentional act of the victim.

Proximate cause does not require that the offender needs to actually touch the body of the offended party. It is enough that the
offender generated in the mind of the offended party the belief that made him risk himself.

Requisite for Presumption blow was cause of the death – Where there has been an injury inflicted sufficient to produce death
followed by the demise of the person, the presumption arises that the injury was the cause of the death. Provided:

●​ victim was in normal health

●​ death ensued within a reasonable time

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 on account of the employment of inadequate or ineffectual means.

Requisites: (IMPOSSIBLE CRIME)

1.​ Act would have been an offense against persons or property

2.​ Act is not an actual violation of another provision of the Code or of a special penal law
3.​ There was criminal intent
4.​ Accomplishment was inherently impossible; or inadequate or ineffectual means were employed.

Art 5. 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 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.
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Art. 6. 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 by overt acts, and does not perform all
the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous
desistance.

Development of a crime

●​ Internal acts – intent and plans; usually not punishable

●​ External acts
○​ Preparatory Acts – acts tending toward the crime
○​ Acts of Execution – acts directly connected the crime

Art. 7. Light felonies are punishable only when they have been consummated with the exception of those committed
against persons or property.

●​ Examples of light felonies: slight physical injuries; theft; alteration of boundary marks; malicious mischief; and
intriguing against honor.
●​ In commission of crimes against properties and persons, every stage of execution is punishable but only the
principals and accomplices are liable for light felonies, accessories are not.

Art. 8. Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a
penalty therefore.

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 a 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 Article 25 of this Code.
Less gave felonies are those which the law punishes with penalties which in their maximum period are correctional in
accordance with abovementioned article.
Light felonies are those infractions of law or the commission of which the penalty of arresto menor or a fine not exceeding Forty
thousand pesos (₱40,000) or both is provided. (As amended by R.A. 10951)

Grave 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 Article 25 of this Code. (REVISED PENAL CODE, Article 9, as amended by R.A.
10951)

Capital punishment

The capital punishment is the death penalty. (REVISED PENAL CODE, Article 25)
However, R.A. 9346 (2006) prohibited the imposition of the death penalty, resulting in the repeal of previous laws
allowing the death penalty to be imposed.
Per R.A. 9346, the following shall be imposed in lieu of the death penalty:

SEC. 2. In lieu of the death penalty, the following shall be imposed.

(a) the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the
Revised Penal Code; or
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(b) the penalty of life imprisonment, when the law violated does not make use of the nomenclature of the penalties of
the Revised Penal Code.

Afflictive
Under Article 25 of the Revised Penal Code, the following are afflictive penalties:
1) Reclusion perpetua;
2) Reclusion temporal;
3) Perpetual or temporary absolute disqualification;
4) Perpetual or temporary special disqualification; and
5) Prision mayor.
Note that under Article 26, the following shall also be considered as afflictive penalties:

Art. 26. When afflictive, correctional, or light penalty. – A fine, whether imposed as a single or as an alternative
penalty, shall be considered an afflictive penalty, if it exceeds One million two hundred thousand (P1,200,000)… (As
amended by R.A. 10951)

Less grave felonies - Less gave felonies are those which the law punishes with penalties which in their maximum period are
correccional in accordance with abovementioned article. (REVISED PENAL CODE, Article 9, as amended by R.A. 10951)

Correccional penalties
The following are correccional penalties:
1) Prision correccional;
2) Arresto mayor;
3) Suspension; and
4) Destierro.

Light felonies - Light felonies are those infractions of law or the commission of which the penalty of arresto menor or a fine not
exceeding Forty thousand pesos (₱40,000) or both is provided. (REVISED PENAL CODE, Article 9, as amended by R.A.
10951)

Consummated only, exceptions

Article 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.
(Revised Penal Code)

Art. 10. 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.

●​ For Special Laws: Penalties should be imprisonment, and not reclusion perpetua, etc.
●​ Offenses that are attempted or frustrated are not punishable, unless otherwise stated.
●​ Plea of guilty is not mitigating for offenses punishable by special laws.
●​ No minimum, medium, and maximum periods for penalties.
●​ No penalty for an accessory or accomplice, unless otherwise stated.