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What is the Revised Penal Code and when did it take effect in the Philippines?
What is the Revised Penal Code and when did it take effect in the Philippines?
The Revised Penal Code was enacted on December 8, 1930 and took effect on January 1, 1932.
What is the scope of the provisions of the Revised Penal Code?
What is the scope of the provisions of the Revised Penal Code?
The provisions of the code apply not only within the Philippine Archipelago but also outside its jurisdiction.
What is the definition of felonies?
What is the definition of felonies?
Felonies are acts or omissions punishable by law, whether committed by means of deceit or fault.
When is criminal liability incurred in Philippine law?
When is criminal liability incurred in Philippine law?
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What is the duty of the court in relation to acts that should be repressed but are not covered by the law and cases of excessive penalties?
What is the duty of the court in relation to acts that should be repressed but are not covered by the law and cases of excessive penalties?
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What are the three types of felonies and when are light felonies punishable?
What are the three types of felonies and when are light felonies punishable?
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What is the order of payment for pecuniary liabilities in case the offender's property is not sufficient to cover all liabilities?
What is the order of payment for pecuniary liabilities in case the offender's property is not sufficient to cover all liabilities?
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What is the penalty for crimes committed differently from the intended crime and how is the penalty for complex crimes determined?
What is the penalty for crimes committed differently from the intended crime and how is the penalty for complex crimes determined?
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Study Notes
The Revised Penal Code of the Philippines
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The Revised Penal Code was enacted on December 8, 1930 and took effect on January 1, 1932.
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The provisions of the code apply not only within the Philippine Archipelago but also outside its jurisdiction.
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Felonies are acts or omissions punishable by law, whether committed by means of deceit or fault.
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Criminal liability is incurred when a person commits a felony.
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The court has a duty to report to the Chief Executive acts that should be repressed but are not covered by the law and cases of excessive penalties.
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Felonies can be consummated, frustrated, or attempted and are punishable in all cases.
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Light felonies are only punishable when they have been consummated, except those committed against persons or property.
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Conspiracy and proposal to commit a felony are punishable only in cases where the law provides a penalty for them.
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Grave, less grave, and light felonies are punishable with capital punishment, afflictive, and correctional penalties, respectively.
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Penalties may have retroactive effect in favor of the person guilty of the felony, who is not a habitual criminal.
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A pardon by the offended party does not extinguish criminal action, but civil liability may be waived.
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The penalties of perpetual or temporary absolute disqualification for public office, profession, or calling produce certain effects, as do the penalties of perpetual or temporal special disqualification, suspension, civil interdiction, and bond to keep the peace.Philippine Penal Code: Order of Payment, Penalty Graduation, and Execution
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The Philippine Penal Code outlines the order of payment for pecuniary liabilities in case the offender's property is not sufficient to cover all liabilities.
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If the convict has no property to pay the fine, they will be subject to a subsidiary personal liability at the rate of one day for each eight pesos.
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The death penalty carries with it perpetual absolute disqualification and civil interdiction for thirty years, unless remitted in a pardon.
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Reclusion perpetua and reclusion temporal carry with them civil interdiction for life or the period of the sentence, and perpetual absolute disqualification, unless remitted in a pardon.
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Prision mayor carries with it temporary absolute disqualification and perpetual special disqualification from the right of suffrage, unless remitted in a pardon.
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Prision correccional carries with it suspension from public office, the right to follow a profession or calling, and perpetual special disqualification from the right of suffrage if the imprisonment exceeds eighteen months.
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The penalty of arresto carries with it suspension of the right to hold office and the right of suffrage for the duration of the sentence.
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Every penalty for a felony carries with it the forfeiture of proceeds and instruments of the crime, which will be confiscated and forfeited to the government.
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The penalty for a felony is imposed upon the principals in the commission of the felony, and if the law prescribes a penalty in general terms, it applies to the consummated felony.
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The penalty for complex crimes is the most serious crime, while the penalty for crimes committed differently from the intended crime follows specific rules.
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The penalty for frustrated and attempted crimes is lower than that of the consummated felony, and the penalty for accomplices and accessories is lower by two degrees than that of the consummated felony.
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The courts consider mitigating or aggravating circumstances and habitual delinquency to increase or decrease the penalty, and the civil liabilities of a person found guilty of multiple offenses are paid chronologically.
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No penalty shall be executed except by virtue of a final judgment, and the legal period of duration of divisible penalties is divided into three parts: minimum, medium, and maximum.Philippine Penal Code: Execution of Penalties and Extinction of Criminal Liability
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The execution of penalties shall be carried out in accordance with the law and special regulations for the institutions where the penalties are to be served.
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Special regulations cover work, time, relations among convicts, relief, diet, and the correction and reform of convicts.
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The separation of sexes is required in different institutions or departments.
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The execution of personal penalty is suspended if a convict becomes insane or imbecile after sentence, but will be executed if the convict recovers.
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A minor under sixteen years old accused of a grave or less grave felony may be committed to a public or private institution for care or correction instead of being convicted.
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The court will consider the minor's religion and parents or next of kin to avoid commitment to a private institution not under their religious sect or denomination.
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The suspension of proceedings against a minor may be extended or shortened depending on conduct and compliance with conditions.
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The expenses for the minor's confinement may be borne by parents, relatives, or the municipality, province, or national government, depending on their financial capacity.
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The death sentence is executed through electrocution under the authority of the Director of Prisons, who may allow anesthesia at the moment of electrocution.
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The culprit is given assistance during the interval between notification and execution, such as the presence of priests or ministers of their religion, lawyers, or family members.
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The death sentence is not inflicted on women within three years after the sentence or while pregnant, and on persons over seventy years of age, and is commuted to reclusion perpetua for the latter.
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The execution of penalties, except for arresto menor, will be served in penal establishments provided by the Administrative Code or future laws.
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Criminal liability is totally or partially extinguished through prescription, commutation of sentence, good conduct, special time allowance for loyalty, and civil liability.Philippine Revised Penal Code: Civil Liability, Crimes Against National Security, Fundamental Laws of the State, and Public Order
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The Philippine Revised Penal Code establishes civil liability for crimes committed by employees or guests in establishments such as inns and taverns.
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Innkeepers are held subsidiarily liable for the restitution or payment of goods taken by robbery or theft within their establishments, provided that the guest had notified the innkeeper and followed their instructions for safeguarding the items.
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Civil liability for crimes committed by employees also applies to employers, teachers, and corporations engaged in any industry.
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Civil liability includes restitution, reparation, and indemnification for consequential damages, which extends to the injured party's family or third parties affected by the crime.
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The heirs of the person liable are responsible for making restitution, reparation, and indemnification, and the heirs of the person injured may demand such actions.
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If multiple persons are civilly liable for a crime, the courts will determine the amount each person must pay.
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Principals, accomplices, and accessories of a felony are liable severally among themselves for their quotas and subsidiarily for the quotas of the other persons liable.
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Civil liability established in the code can be extinguished in the same manner as obligations under the Civil Law.
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Offenders remain obliged to satisfy civil liability resulting from a crime even after serving a sentence or receiving amnesty or pardon.
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The code also includes crimes against national security, such as treason and espionage, punishable by reclusion temporal to death and fines not exceeding P20,000 pesos.
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Rebellion, sedition, and disloyalty against the government are also punishable by imprisonment and fines.
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Crimes against public order, such as arbitrary detention, violation of domicile, and prohibition or interruption of peaceful meetings, are also punishable by imprisonment.
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Description
Test your knowledge on the Revised Penal Code of the Philippines with this informative quiz. From the definitions of felonies to the order of payment for penalties, this quiz covers the basics of the Philippine Penal Code. It also includes questions about the execution of penalties, civil liability, and crimes against national security and public order. Challenge yourself and see how much you know about the Philippine Revised Penal Code!