CrimLaw Codal

“Definition of criminal law, sources of criminal obligations and securities mentioned in
law, characteristics of criminal law.” the preceding number;
4. While being public officers or

ACT NO. 3815, SECTION 1930 employees, should commit an offense in
the exercise of their functions; or
AN ACT REVISING THE PENAL CODE AND
OTHER PENAL LAWS 5. Should commit any of the crimes
against national security and the law of
PRELIMINARY ARTICLE nations, defined in Title One of Book
Two of this Code.
This law shall be known as “The Revised Penal
Code.”
TITLE ONE
BOOK ONE
Felonies and Circumstances Which Affect
General Provisions Regarding the Date of Criminal Liability
Enforcement and Application of the Provisions of
this Code, and Regarding the Offenses, the CHAPTER ONE — Felonies
Persons Liable and the Penalties
ARTICLE 3. Definition. — Acts and omissions
PRELIMINARY TITLE punishable by law are felonies (delitos).
Date of Effectiveness and Application of the Felonies are committed not only by means of
Provisions of This Code deceit (dolo) but also by means of fault (culpa).
ARTICLE 1. Time When Act Takes Effect. — There is deceit when the act is performed with
This Code shall take effect on the first day of deliberate intent; and there is fault when the
January, nineteen hundred and thirty-two. wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
ARTICLE 2. Application of Its Provisions. —
Except as provided in the treaties and laws of ARTICLE 4. Criminal Liability. — Criminal
preferential application, the provisions of this liability shall be incurred:
Code shall be enforced not only within the
Philippine Archipelago, including its atmosphere, 1. By any person committing a felony
its interior waters and maritime zone, but also (delito) although the wrongful act done
outside of its jurisdiction, against those who: be different from that which he intended.
1. Should commit an offense while on a 2. By any person performing an act which

Philippine ship or airship; would be an offense against persons or
property, were it not for the inherent
2. Should forge or counterfeit any coin or impossibility of its accomplishment or on
currency note of the Philippine Islands account of the employment of
or obligations and securities issued by inadequate or ineffectual means.
the Government of the Philippine
Islands;
3. Should be liable for acts connected with

the introduction into these islands of the
ARTICLE 5. Duty of the court in connection only when they have been consummated, with
with acts which should be repressed but the exception of those committed against person
which are not covered by the law, and in or property.
cases of excessive penalties. — Whenever a
court has knowledge of any act which it may ARTICLE 8. Conspiracy and proposal to
deem proper to repress and which is not commit felony. — Conspiracy and proposal to
punishable by law, it shall render the proper commit felony are punishable only in the cases
decision, and shall report to the Chief Executive, in which the law specially provides a penalty
through the Department of Justice, the reasons therefor.
which induce the court to believe that the said
act should be made the subject of legislation. A conspiracy exists when two or more persons
come to an agreement concerning the
In the same way, the court shall submit to the commission of a felony and decide to commit it.
Chief Executive, through the Department of
Justice, such statement as may be deemed There is proposal when the person who has
proper, without suspending the executing of the decided to commit a felony proposes its
sentence, when a strict enforcement of the execution to some other person or persons.
provisions of this Code would result in the
imposition of a clearly excessive penalty, taking ARTICLE 9. Grave felonies, less grave
into consideration the degree of malice and the felonies and light felonies. — Grave felonies
injury caused by the offense. are those to which the law attaches the capital
punishment or penalties which in any of their
ARTICLE 6. Consummated, frustrated, and periods are afflictive, in accordance with Art 25.
attempted felonies. — Consummated felonies of this Code.
as well as those which are frustrated, attempted,
are punishable. Less grave felonies are those which the law
punishes with penalties which in their maximum
A felony is consummated when all the elements period are correctional, in accordance with
necessary for its execution and accomplishment above-mentioned Art..
are present; and it is frustrated when the
offender performs all the acts of execution which Light felonies are those infractions of law for the
would produce the felony as a consequence but commission of which a penalty of arrest menor
which, nevertheless, do not produce it by reason or a fine not exceeding 200 pesos or both; is
of cause independent of the will of the provided.
perpetrator.
ARTICLE 10. Offenses not subject to the
There is an attempt when the offender provisions of this Code. — Offenses which are
commences the commission of a felony directly or in the future may be punishable under special
or over acts, and does not perform all the acts of laws are not subject to the provisions of this
execution which should produce the felony by Code. This Code shall be supplementary to such
reason of some cause or accident other than laws, unless the latter should specially provide
this own spontaneous desistance. the contrary.
ARTICLE 7. When light felonies are

punishable. — Light felonies are punishable
CHAPTER TWO — Justifying circumstances - Second. That the injury feared
and circumstances which exempt from be greater than that done to
criminal liability avoid it;
- Third. That there be no other
ARTICLE 11. Justifying circumstances. — practical and less harmful
The following do not incur any criminal liability: means of preventing it.
1. Anyone who acts in defense of his 5. Any person who acts in the fulfillment of
person or rights, provided that the a duty or in the lawful exercise of a right
following circumstance concur; or office.
- First. Unlawful aggression. 6. Any person who acts in obedience to an

- Second. Reasonable necessity order issued by a superior for some
of the means employed to lawful purpose.
prevent or repel it.
- Third. Lack of sufficient ARTICLE 12. Circumstances which exempt
provocation on the part of the from criminal liability. — the following are
person defending himself. exempt from criminal liability:
2. Any one who acts in defense of the 1. An imbecile or an insane person, unless
person or rights of his spouse, the latter has acted during a lucid
ascendants, descendants, or legitimate, interval.
natural, or adopted brothers or sisters,
or his relatives by affinity in the same When the imbecile or an insane person
degrees and those consanguinity within has committed an act which the laws
the fourth civil degree, provided that the defines as a felony (delito), the court
first and second requisites prescribed in shall order his confinement in the one of
the next preceding circumstance are the hospitals or asylums established for
present, and the further requisite, in the persons thus afflicted, which he shall not
revocation was given by the person be permitted to leave without first
attacked, that the one making defense obtaining the permission of the same
had not part therein. court.
3. Anyone who acts in defense of the 2. A person under nine years of age.
person or rights of a stranger, provided
that the first and second requisites 3. A person over nine years of age and
mentioned in the first circumstances of under fifteen, unless he has acted with
this Article are present and that the discernment, in which case, such minor
person defending be not induced by shall be proceeded against in
revenge, resentment or other evil accordance with the provisions of Art
motive. 80. of this Code.
4. Any person who, in order to avoid an 4. Any person who, while performing a
evil or injury, does not act which causes lawful act with due care, causes an
damage to another, provided that the injury by mere accident without fault or
following requisites are present; intention of causing it.
- First. That the evil sought to be 5. Any person who act under the
avoided actually exists; compulsion of irresistible force.
6. Any person who acts under the impulse 7. Any person who fails to perform an act
of an uncontrollable fear of an equal or required by law, when prevented by
greater injury. some lawful insuperable cause.
REPUBLIC ACT NO. 9262
SECTION 26. Battered Woman Syndrome as a Defense. — Victim-survivors who are found by
the courts to be suffering from battered woman syndrome do not incur any criminal and civil
liability notwithstanding the absence of any of the elements for justifying circumstances of
self-defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered woman
syndrome at the time of the commission of the crime, the courts shall be assisted by expert
psychiatrists/psychologists.
SECTION 3. Definition of Terms. — As used in this Act,
(c) “Battered Woman Syndrome” refers to a scientifically defined pattern of psychological

and behavioral symptoms found in women living in battering relationships as a result of
cumulative abuse.
PHASES OF BATTERED WOMAN SYNDROME:
1. Tension builds up in the relationship.

2. Abusive partner releases tension via violence while blaming the victim for having caused
the violence.
3. Violent partner makes gestures of contrition.
*Note: “Contrition - the state of feeling remorseful and penitent”

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“Definition of criminal law, sources of criminal obligations and securities mentioned in

law, characteristics of criminal law.” the preceding number;

4. While being public officers or

1. Should commit an offense while on a 2. By any person performing an act which

3. Should be liable for acts connected with

ARTICLE 7. When light felonies are

- First. Unlawful aggression. 6. Any person who acts in obedience to an

REPUBLIC ACT NO. 9262

SECTION 3. Definition of Terms. — As used in this Act,

(c) “Battered Woman Syndrome” refers to a scientifically defined pattern of psychological

PHASES OF BATTERED WOMAN SYNDROME:

1. Tension builds up in the relationship.

*Note: “Contrition - the state of feeling remorseful and penitent”

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