Revised Penal Code Flashcards Preview

Personal > Revised Penal Code > Flashcards

Flashcards in Revised Penal Code Deck (31):
1

Title and Act No

An Act Revising the Penal Code and Other Penal Laws (Act No. 3815 as amended)

2

Article 1

Time when Act takes effect. - This Code shall take effect on the First day of January, nineteen hundred and thirty-two.

3

Article 2

Application of its provisions. - Except as provided in 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:

4

Article 2. Except as provided in 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)

(1) Should commit an offense while on a Philippine ship or airship;

5

Article 2. Except as provided in 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: (2)

(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

6

Article 2. Except as provided in 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: (3)

(3) Should be liable for any act connected to the introduction to these islands of the obligations and securities mentioned in the preceding number;

7

Article 2. Except as provided in 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: (4)

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

8

Article 2. Except as provided in 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: (5)

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

9

Article 3

Definitions. - Acts and omissions punishable by law are felonies (delitos).
Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).
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.

10

Article 4

Criminal liability - Criminal liability shall be incurred:
1) By any person committing a felony (delito) although the wrongful act done be different from that which he intended.
2) By any person performing an act which would be an offense against person or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means.

11

Article 5

Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties.

12

Article 5 [1] - Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties.

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.

13

Article 5 [2] - Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties.

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 injury caused by the offense.

14

Circumstances Affecting Criminal Liability

1. Stages of Execution (Article 6)
2. Gravity of the Offense (Article 9)
3. Justifying Circumstances (Article 11)
4. Exempting Circumstances (Article 12)
5. Absolutory Causes
6. Mitigating Circumstances (Article 13)
7. Aggravating Circumstances (Article 14)
8. Alternative Circumstances (Article 15)
9. Degree of Participation (Article 16-20)

15

Article 6

Consummated, frustrated, and attempted felonies. - Consummated, as well as those which are frustrated and attempted, are punishable.

16

Article 6[1] - Consummated, frustrated, and attempted felonies. - Consummated, 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, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

17

Article 6[2] - Consummated, frustrated, and attempted felonies. - Consummated, as well as those which are frustrated and attempted, are punishable.

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.

18

Article 7

When light felonies are punishable. - Light felonies are punishable only when they have been consummated, with the exception of those committed against persons or property.

19

Article 8

Conspiracy and proposal to commit felony. - Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor.

20

Article 8[1] - Conspiracy and proposal to commit felony. - Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor.

A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.

21

Article 8[2] - Conspiracy and proposal to commit felony. - Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor.

There is a proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.

22

Article 9

Grave felonies, less grave felonies, and light felonies.

23

Article 9 [1] - 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.

24

Article 9 [2] - Grave felonies, less grave felonies, and light felonies.

Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned article.

25

Article 9 [3] - Grave felonies, less grave felonies, and light felonies.

Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos, or both, is provided.

26

Article 10

Offenses not subject to the provisions of this Code. - 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 specifically provide the contrary.

27

Article 16

Who are Criminally Liable. - The following are criminally liable for grave and less grave felonies:
1. Principals
2. Accomplices
3. Accessories

The following are criminally liable for light felonies:
1. Principals
2. Accomplices

28

Article 17

Principals. - The following are considered principals:
1. Those who take a direct part in the execution of the act;
2. Those who directly force or induce others to commit it;
3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished.

29

Article 18

Accomplices. - Accomplices are those persons who, not being included in article 17, cooperate in the execution of the offense by previous or simultaneous acts.

30

Article 19

Accessories. - Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners:
1. By profiting themselves or assisting the offender to profit by the effects of the crime.
2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder , or an attempt to take the life of the Chief Executive , or is known to be habitually guilty of some other crime.

31

Article 20

Accessories Who are Exempt from Criminal Liability. - The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article.