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The Revised Penal Code : (S Co TH R
The Revised Penal Code : (S Co TH R
A BRIEF REVIEW
GENERAL FEATURES
By PROFESSOR FRANCISCO CAPISTRANO, College of Law, U. P.
Artn~le 125, based on Art. 202 of the old Code and Art 93
Proposed Correctional Code, punishes any public offic,er
ploY(~e"who shall detain any person for some legal ground
~alI fan to deliver such person to the proper judicial au-
es within the period of one hour." This provision has
tacked 011 behalf of the constabulary and the police on
the ground that it would greatly hamper them in the perf
ance of their duties in making investigations of crime. On
other hand, police methods under the provision in the old
(Art. 202) providing for 24 hours, have been the subj
numerous complaints and criticism, for which reason, pro
the Code Committee reduced the time to one hour. Cl
the time limit of one hour is not only arbitrary, but also
reasonable. It may well happen that a peace officer haEs
prehended a criminal in a remote barrio, 15 or 20 kilo
distant from the poblaci6n which is accessible therefrom
on foot or on horseback. How could he comply with the
in such a case? Should he merely take down the crim'
name and address and let him go, with instructions to
at headquarters at his earliest convenience? That, of c
would be absurd. On the other hand, the time of 24 hour
vided for in the old Code is also arbitrary because the
or detention may be made right in the poblaci6n, and
light offense, in which case the discretion given to peac
ficers to detain the person arrested for 24 hours would give
to serious abuse on the part of the unscrupulous ones.
believed that, instead of a fixed time limit, which neces
must be arbitrary, the law should merely provide por pu
ment in case of a "wrongful delay" so that each case will
to be considered in the light of the· particular circumstances.
tending it, and both the police and the public should hay
cause for complaint. In fact, Art. 93 of the Proposed Co
tional Code does not fix a time but uses instead the expre
"wrongfully delays" (dilatare indebidamente). On this
ject the new Penal Law of New York, passed in 1931,
vides as follows: "Sec. 1844. A public officer or other
having
\
arrested any person upon a criminal charge, who
:fully and wrongfully delays, to take such person before a
·gistrate having jurisdiction to take his examination, is
of a misdemeanor." Bender's Penal Law and Criminal C
p. 371.
5. Legiskttive immunity from search.
Article 145, which has merited much discussion and n
ous press editorials, in part provides for the imposition 0
penalty of prisi6n correccional (6 mos. and 1 day to 6
"upon any public officer or employee who shall, while th
gislature is in session, knowingly arrest or search ary me
thereof, except in case such member has commit •.ed a
punishable under this Code by a penalty highe:' than
mayor" (6 yrs. and 1 day to 12 yrs). The '~ode Co
aims responsibility for the words "or search" now appear-
. the article. Gue'L'ara, Comm. on the Penal Code, pp. 223
~. The provision, fin.ds no counterpart, it is ?eli~ved,. in
I American law, and IS of very doubtful constitutIOnalIty.
t ~ shall not dwell upon it further ~cause Professor Sinco
already written a paper on the subject.
6. Qualified and simple seduction, and consented abduction.
Qualified seduction. Under 337, "the seduction of a virgin
twelve years and under eighteen years of age, committed
a person in public authority, priest, house-servant, domestic,
dian, teacher, or any person who, in any capacity, shall be
sted with the education or custody of the woman seduced,
be punished by prisi6n correccional in its minimum and
imum periods."
Simple seduction. In article 338 "The seduction of a wo-
who is single or widow of good reputation, over twelve
under eighteen years of age, committed by means of deceit,
I be punished by arresto mayor."
Consented abduction. Under article 343, "The abduction
a virgin over twelve and under eighteen years of age, car-
out with her consent and with lewd designs, shall be punish-
with prisi6n correcional in its minimum and medium pe-
s."
These articles are substantially the same as articles 443
446 of the old Penal Code.
The word virgin in articles 337 and 343 appears as donce-
in the Spanish text of the law. But the character of being
ella, according to the Supreme Court of Spain in con-
ing articles 443 and 446 of the Code of 1870, is not required
the law in the sense of "mujer que desconoce varon, sino de
jer honesta y recatada, para establecer que la cualidad de
lla debe reconocerse en la mujer soltera de vida honesta
·or al hecho cuando las pruebas 0 circunstancias procesa-
no destruyen esa presunci6n". Dec. Sup. Ct. of Spain, May
1888, March 2, 1887, and June 4, 1896. The same require-
t of mujer honesta was made as to simple seduction, punish-
under art. 443 of the old Code. It, therefore, appears that
use of i: e word 'virgin in articles 337 and 343 is improper,
to avo d strid interpretation, the word doncella appear-
ti' la islJ ~ext, should have been changed to mujer ho-
, as e r e~.' ;::pa.nishPenal Code of 1928 has done in art-
605, b06, and 612. The expression, in article 338, "woman
sir. r\. or widow of good reputation," which in the Span
a ;.rs ~IS "mujer soltera 0 viuda", seems to find r,
parallel in any Penal Code in force in Continental Europe
South America. For simple seduction, the New Spanish
nal Code, in article 605, uses the same term "mujer hones
The Code Committee in drafting article 338 of the Revised
nal Code probably had in mind Viada's words: "Si hubiera
de difinir nosotros el estupro, diriamos que POl' el debe en
derse, in general, el concubito 0 acceso carnal legitimo con
jer soltera 0 viuda de buena fama, mayor de doce alios y me
de veintitres." 3 Viada, 132. As the original Spanish text
our law has seen it fit to use "donceUa" in articles 337 and 3
it should have used the same term in article 338, for, as sta
the word merely means "mujer honesta" in penal jurispruden
The English equivalent of "mujer honesta" or "doncella" as
is used in the statute would probably be an "unmarried wo
of good repute," but not a virgin. In this connection, it is 0
CONCLUSION
Like any other human, undertaking the Revis~d Penal
is not free from defects. or criticism, some of which have
touched upon in the foregoing discussion. In some respec
is extremely modern, but in other respects it is quite antiqu
On the whole, however, the Revised Penal Code is a fine pi
work.