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RPC Book 1

RPC Book 1

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Published by Katrina Montes

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Categories:Types, Business/Law
Published by: Katrina Montes on Jun 24, 2010
Copyright:Attribution Non-commercial

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07/27/2013

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 ACT NO. 3815
 
AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS
 
(December 8, 1930)
 
Preliminary Article 
³ This law shall be known as
"The Revised Penal Code." 
 
BOOK ONE
 
GENERAL PROVISIONS REGARDING THE DATE OF
 
ENFORCEMENT AND APPLICATION OF THE PROVISIONS
 
OF THIS CODE, AND REGARDING THE OFFENSES, THE
 
PERSONS LIABLE AND THE PENALTIES
 
Preliminary Title
 
DATE OF EFFECTIVENESS AND APPLICATION
 
OF THE
 
PROVISIONS OF THIS CODE
 
Article 1.
Time when Act takes effect.
³ This Code shall take effect onthe first day of January, nineteen hundred and thirty-two.
 
Art. 2.
 Application of its provisions 
. ³ Except as provided in the treatiesand laws of preferential application, the provisions of this Code shall beenforced not only within the Philippine Archipelago, including itsatmosphere, 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 thePhilippine Islands or obligations and securities issued by theGovernment of the Philippine Islands;
chan robles virtual law library
 
3. Should be liable for acts connected with the introduction intothese islands of the obligations and securities mentioned in thepresiding number;
 
4. While being public officers or employees, should commit anoffense in the exercise of their functions; or
 
 
5
. Should commit any of the crimes against national security andthe law of nations, defined in Title One of Book Two of this Code.
 
Title One
 
FELONIES AND CIRCUMSTANCES
 
WHICH
 
AFFECT CRIMINAL LIABILITY
 
Chapter One
 
F E L O N I E S
 
Art. 3.
efinitions.
 ³ Acts and omissions punishable by law are felonies(
delitos 
).
 
Felonies are committed not only be means of deceit (
dolo 
) but also bymeans of fault (
culpa 
).
 
There is deceit when the act is performed with deliberate intent and thereis fault when the wrongful act results from imprudence, negligence, lackof foresight, or lack of skill.
 
Art. 4.
Criminal liability.
³ Criminal liability shall be incurred:
 
1. By any person committing a felony (
delito 
) although the wrongfulact done be different from that which he intended.
 
2. By any person performing an act which would be an offenseagainst persons or property, were it not for the inherentimpossibility of its accomplishment or an account of theemployment of inadequate or ineffectual means.
 
Art.
5
.
uty 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.
³ Whenever a court has knowledge of any act which it maydeem proper to repress and which is not punishable by law, it shall renderthe proper decision, and shall report to the Chief Executive, through theDepartment of Justice, the reasons which induce the court to believe thatsaid act should be made the subject of legislation.
 
In the same way, the court shall submit to the Chief Executive, throughthe Department of Justice, such statement as may be deemed proper,without suspending the execution of the sentence, when a strictenforcement of the provisions of this Code would result in the impositionof a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense.
 
 
Art. 6.
Consummated, frustrated, and attempted felonies.
³ Consummated felonies as well as those which are frustrated andattempted, are punishable.
 
A felony is consummated when all the elements necessary for itsexecution and accomplishment are present; and it is frustrated when theoffender performs all the acts of execution which would produce thefelony as a consequence but which, nevertheless, do not produce it byreason of causes independent of the will of the perpetrator.
 
There is an attempt when the offender commences the commission of afelony directly or over acts, and does not perform all the acts of executionwhich should produce the felony by reason of some cause or accidentother than this own spontaneous desistance.
 
Art. 7.
W  
hen light felonies are punishable.
³ Light felonies arepunishable only when they have been consummated, with the exceptionof those committed against person or property.
chan robles virtual law library
 
Art. 8.
Conspiracy and proposal to commit felony.
 ³ Conspiracy andproposal to commit felony are punishable only in the cases in which thelaw specially provides a penalty therefor.
 
A conspiracy exists when two or more persons come to an agreementconcerning the commission of a felony and decide to commit it.
 
There is proposal when the person who has decided to commit a felonyproposes its execution to some other person or persons.
 
Art. 9.
rave felonies, less grave felonies and light felonies.
 ³ Gravefelonies are those to which the law attaches the capital punishment orpenalties which in any of their periods are afflictive, in accordance withArt. 2
5
of this Code.
 
Less grave felonies are those which the law punishes with penalties whichin their maximum period are correctional, in accordance with the above-mentioned Art..
 
Light felonies are those infractions of law for the commission of which apenalty of arrest menor or a fine not exceeding 200 pesos or both; isprovided.
 
Art. 10.
 ffenses not subject to the provisions of this Code.
³ Offenseswhich are or in the future may be punishable under special laws are notsubject to the provisions of this Code. This Code shall be supplementary

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