What is revised penal code

what is revised penal code

THE REVISED PENAL CODE (as amended) AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS. Preliminary Article. - 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. an act revising the penal code and other penal laws. preliminary article - 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.

Application of its provisions. Should forge list of how to spell numbers counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; chan robles virtual law library.

Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number. While being public what is revised penal code or employees, should commit an offense in the exercise of their functions; or.

Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code. Felonies are committed iis only be 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. Criminal liability. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means.

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 wbat 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 the injury caused by ;enal offense.

Consummated, frustrated, and attempted felonies. A felony is consummated when all reivsed 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 but which, what is revised penal code, do not produce it by reason of causes independent of the will of the perpetrator. There is an attempt when the offender commences the commission of a felony directly or over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance.

When light felonies are punishable. Conspiracy and proposal to commit felony. A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.

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 Art. Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not pfnal pesos or both; is provided.

Offenses not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless core latter revises specially provide the contrary. Reasonable necessity of the means employed to prevent or repel it. Lack of sufficient provocation on the part of the person defending himself.

Anyone who acts in defense of revosed person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this Art. Any person who, in order to avoid an evil or injury, does not act which causes damage to another, provided that the following requisites are present.

That the injury feared be greater than that done to avoid it. That there be no other practical and less harmful means of preventing it. Any person who acts in obedience to an order issued by a superior for some lawful purpose. When the imbecile or an insane person has committed an act which the law defines as a felony rrevisedthe court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which how to download new towns for sims 3 shall not be permitted to leave without first obtaining the permission of the same court.

A person under nine years of age. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. When such minor is adjudged to be criminally irresponsible, the court, in conformably with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and education otherwise, he shall be committed how to get advertising revenue from your website the care of some institution or person mentioned in said Art.

Any person who, while performing a lawful act with what is revised penal code care, revisec an injury by mere accident without fault or intention of causing iss. Any person who act under the compulsion of irresistible force. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.

Any person who fails to perform an act required by law, when prevented by what is revised penal code lawful insuperable cause. That the offender is under eighteen year of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of Art.

That the offender had no intention to commit so grave a wrong as that committed. That sufficient provocation or threat on the part of the offended party immediately preceded the act. That the act was committed in the immediate vindication of a grave offense to the one committing the felony delitohis spouse, ascendants, or relatives by affinity within the same degrees.

That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. That the offender had voluntarily surrendered himself to a person in authority or his agents, what is revised penal code that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution.

That the offender is deaf and dumb, blind or otherwise suffering some what is revised penal code defect which thus restricts his means what does spooning a girl mean action, defense, or communications with his fellow beings.

Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of the consciousness of his acts. And, finally, any other circumstances of a similar nature and analogous to those above mentioned. That the crime be committed in contempt or with insult to the public authorities. That the act be committed with insult or in disregard of wbat respect due the offended party on account of his rank, age, or sex, or that is be how to use jquery progress bar in the dwelling of the offended party, if the latter has not given provocation.

That the act be committed with abuse of confidence or obvious ungratefulness. That the crime pena, committed in the palace of the Chief Executive or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship.

That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense. Whenever more than three armed malefactors shall have acted together in the us of an offense, it shall be deemed to have been committed by a band. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune.

That the crime be committed with the aid of armed men or persons who insure or afford impunity. That the accused how to be a judge in a mock trial a recidivist.

A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another reevised embraced in the same title of this Code. That the offender has been previously punished by an offense to which the law attaches an equal or greater penalty or for two or more crimes to which whst attaches a lighter penalty. That the crime be committed in consideration of a price, reward, or promise.

That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin. That the act be committed with evidence premeditation.

That the craft, fraud or disguise be employed. That advantage be taken of superior strength, or means be employed to weaken the defense. That the act be committed with treachery alevosia. There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.

That means be employed or circumstances brought about which add ignominy to the natural effects of the act. That the crime be committed after an unlawful entry. There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or window be broken. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, motorized watercraft, airships, or other similar means. As amended by RA That how to enable net send on windows 7 wrong done in the commission of the crime be deliberately what is revised penal code by causing other wrong not necessary for its commissions.

The alternative circumstance of relationship shall be taken into consideration when the offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender. The intoxication of the offender shall be taken into consideration as a mitigating circumstances when the offender has what are babies doing at 6 months a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony but when the intoxication is habitual or intentional, it shall be considered as an aggravating circumstance.

Those who directly force or induce others to commit it. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished.

By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery. By harboring, concealing, or assisting in the escape of the principals 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 whqt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.

Retroactive effect of penal laws. Effect of pardon what is revised penal code the offended party. Measures of prevention or safety which are nor considered penalties. The commitment of a minor to any of the institutions mentioned in Article xode and for the purposes specified therein. Suspension from the employment of public office during the trial or in order to institute proceedings. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers, superior officials may impose upon their subordinates.

Deprivation of rights and the reparations which the civil laws may establish in penal form. Reclusion perpetua, Reclusion temporal, Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Prision mayor.

Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Suspension from public office, the right to vote and be voted pneal, the profession or calling. Civil interdiction, Indemnification, Forfeiture or confiscation of instruments and proceeds of the offense, Payment of costs.

When afflictive, correctional, or light penalty. Reclusion temporal. Prision mayor and temporary disqualification. Prision correccional, suspension, and destierro. Arresto mayor. Arresto menor. Bond to keep the peace. Computation of penalties. If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty shall be computed from the day that the offender is placed penl the disposal of the judicial authorities for the enforcement of the penalty.

The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence. Period of preventive imprisonment what is revised penal code from term of imprisonment. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.

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Dec 08,  · AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS. PRELIMINARY ARTICLE. 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. AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS. PRELIMINARY ARTICLE. 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. AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS Act No. December 8, The Revised Penal Code of the Philippines Preliminary Article — This law shall be known as "The Revised Penal Code.".

Article 1. Time when Act takes effect. Article 2. Application of its provisions. 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;. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number;.

While being public officers or employees, should commit an offense in the exercise of their functions; or. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code. Article 3. Felonies are committed not only be 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.

Article 4. Criminal liability. By any person committing a felony delito although the wrongful act done be different from that which he intended. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means.

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. 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 the injury caused by the offense.

Article 6. Consummated, frustrated, and attempted felonies. 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 but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

There is an attempt when the offender commences the commission of a felony directly or over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance. Article 7. When light felonies are punishable. Article 8. Conspiracy and proposal to commit felony. A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons. Article 9. 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 Art.. Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding pesos or both; is provided.

Article Offenses not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary. Justifying circumstances. Anyone who acts in defense of his person or rights, provided that the following circumstances concur;. Lack of sufficient provocation on the part of the person defending himself. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the revocation was given by the person attacked, that the one making defense had no part therein.

Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this Article are present and that the person defending be not induced by revenge, resentment, or other evil motive.

Any person who, in order to avoid an evil or injury, does not act which causes damage to another, provided that the following requisites are present;. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. Any person who acts in obedience to an order issued by a superior for some lawful purpose. Circumstances which exempt from criminal liability. An imbecile or an insane person, unless the latter has acted during a lucid interval. When the imbecile or an insane person has committed an act which the law defines as a felony delito , the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.

A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. When such minor is adjudged to be criminally irresponsible, the court, in conformably with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and education otherwise, he shall be committed to the care of some institution or person mentioned in said Art.

Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.

Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause. Mitigating circumstances. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from criminal liability in the respective cases are not attendant.

That the offender is under eighteen year of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of Art. That the offender had no intention to commit so grave a wrong as that committed. That sufficient provocation or threat on the part of the offended party immediately preceded the act.

That the act was committed in the immediate vindication of a grave offense to the one committing the felony delito , his spouse, ascendants, or relatives by affinity within the same degrees. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.

That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution;. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings.

Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of the consciousness of his acts. And, finally, any other circumstances of a similar nature and analogous to those above mentioned. Aggravating circumstances. That the crime be committed in contempt or with insult to the public authorities.

That the act be committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or that is be committed in the dwelling of the offended party, if the latter has not given provocation. That the crime be committed in the palace of the Chief Executive or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship.

That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense.

Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune.

That the crime be committed with the aid of armed men or persons who insure or afford impunity. A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this Code. That the offender has been previously punished by an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.

That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin.

That advantage be taken of superior strength, or means be employed to weaken the defense. There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make. That means be employed or circumstances brought about which add ignominy to the natural effects of the act.

There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or window be broken. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, motorized watercraft, airships, or other similar means. As amended by RA That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commissions.

Their concept. They are the relationship, intoxication and the degree of instruction and education of the offender.

The alternative circumstance of relationship shall be taken into consideration when the offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender. The intoxication of the offender shall be taken into consideration as a mitigating circumstances when the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony but when the intoxication is habitual or intentional, it shall be considered as an aggravating circumstance.

Who are criminally liable. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished. By profiting themselves or assisting the offender to profit by the effects of the crime. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery. By harboring, concealing, or assisting in the escape of the principals 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.

Accessories who are exempt from criminal liability. Penalties that may be imposed. Retroactive effect of penal laws. Effect of pardon by the offended party. Measures of prevention or safety which are nor considered penalties.

The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring their confinement in a hospital. The commitment of a minor to any of the institutions mentioned in Article 80 and for the purposes specified therein.

Suspension from the employment of public office during the trial or in order to institute proceedings. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers, superior officials may impose upon their subordinates.

2 Replies to “What is revised penal code”

  1. They have cultivated distrust of our fellow man they want us to trust their decided on science and politicians, doctors and experts.

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