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The Revised Penal Code

The Revised Penal Code of the Philippines consists of two books. Book One covers basic principles of criminal liability and provisions on penalties. Book Two defines felonies classified under 14 titles with corresponding penalties. The Code took effect on January 1, 1932 and applies both within and outside Philippine territory for certain offenses. The two main theories of criminal law are the Classical Theory which emphasizes free will and retribution, and the Positivist Theory which sees crime as a social phenomenon best addressed through individualized treatment.

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1K views2 pages

The Revised Penal Code

The Revised Penal Code of the Philippines consists of two books. Book One covers basic principles of criminal liability and provisions on penalties. Book Two defines felonies classified under 14 titles with corresponding penalties. The Code took effect on January 1, 1932 and applies both within and outside Philippine territory for certain offenses. The two main theories of criminal law are the Classical Theory which emphasizes free will and retribution, and the Positivist Theory which sees crime as a social phenomenon best addressed through individualized treatment.

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AP Cruz
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  • Articles and Theories: Discusses specific articles and theories within the Revised Penal Code, focusing on criminal laws and their application.
  • General Introduction: Introduces the Revised Penal Code and its structure, explaining how the articles are organized into books.
  • Art. 2: Application and Jurisdiction: Explains the application of the code's provisions and rules on jurisdiction for crimes committed abroad.

The Revised Penal Code (RA 3815, as amended)

The Revised Penal Code consists of two books, namely:

(1) Book One:


a. Articles 1-20 - basic principles affecting criminal liability
b. Articles 32-113 - the provisions on penalties including criminal and civil liability

(2) Book Two – defined felonies with the corresponding penalties, classified and grouped under fourteen
different titles (Articles 114-365)

Q: Date of effectiveness of RPC.

January 1, 1932

Article 1. Time when Act takes effect. — This Code shall take effect on the first day of January, nineteen
hundred and thirty-two .

Q: What are the two theories in criminal law? Explain each.

1. Classical Theory

a. The basis of criminal liability is human free will and the purpose of the penalty is retribution.
b. That man is essentially a moral creature with an absolutely free will to choose between good
and evil, thereby placing more stress upon the effect or result of the felonious act than upon
the man, the criminal himself.
c. It has endeavored to establish a mechanical and direct proportion between crime and penalty.
d. There is a scant regard to the human element.

2. Positivist Theory

a. That man is subdued occasionally by a strange and morbid phenomenon which constrains
him to do wrong, in spite of or contrary to his volition.
b. That crime is essentially a social and natural phenomenon, and as such, it cannot be treated
and checked by the application of abstract principles of law and jurisprudence nor by the
imposition of a punishment, fixed and determined a priori; but rather through the enforcement
of individual measures in each particular case after a thorough, personal and individual
investigation conducted by a competent body of psychiatrists and social scientists.
ARTICLE 2
Art. 2. Application of its provisions. — 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. Shoul d 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 of the crime s against national security and the law of nations, defined in
Title One of Book Two of this Code.

Q: Rules as to jurisdiction over 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.
2. 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.

The Revised Penal Code (RA 3815, as amended) The Revised Penal Code consists of two books, namely: (1) Book One: a. Articles
ARTICLE 2 Art. 2. Application of its provisions. — Except as provided in the treaties and laws of preferential application, t

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