ACT NO. 3815: Book One
ACT NO. 3815: Book One
ACT NO. 3815: Book One
3815
AN ACT REVISING THE PENAL CODE AND
OTHER PENAL LAWS
(December 8, 1930)
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
DATE OF EFFECTIVENESS AND APPLICATION
OF THE PROVISIONS OF THIS CODE
Article 1. Time when Act takes effect. — This
Code shall take effect on the first day of
January, nineteen hundred and thirty-two.
Title One
FELONIES AND CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY
Chapter One
FELONIES
Art. 3. Definitions. — Acts and omissions
punishable by law are felonies (delitos).
Chapter Two
JUSTIFYING CIRCUMSTANCES
AND CIRCUMSTANCES WHICH EXEMPT FROM
CRIMINAL LIABILITY
Art. 11. Justifying circumstances. — The
following do not incur any criminal liability:
1. Anyone who acts in defense of his
person or rights, provided that the
following circumstances concur;
First. Unlawful aggression.
Chapter Three
CIRCUMSTANCES WHICH MITIGATE CRIMINAL
LIABILITY
Art. 13. Mitigating circumstances. — The
following are mitigating circumstances;
1. 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.
Chapter Four
CIRCUMSTANCE WHICH AGGRAVATE
CRIMINAL LIABILITY
Art. 14. Aggravating circumstances. — The
following are aggravating circumstances:
1. That advantage be taken by the
offender of his public position.
Chapter Five
ALTERNATIVE CIRCUMSTANCES
Art. 15. Their concept. — Alternative
circumstances are those which must be taken
into consideration as aggravating or mitigating
according to the nature and effects of the crime
and the other conditions attending its
commission. They are the relationship,
intoxication and the degree of instruction and
education of the offender.
Title Two
PERSONS CRIMINALLY LIABLE FOR FELONIES
Art. 16. Who are criminally liable. — The
following are criminally liable for grave and less
grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.
2. Accomplices.
Chapter Two
CLASSIFICATION OF PENALTIES
Art. 25. Penalties which may be imposed. —
The penalties which may be imposed according
to this Code, and their different classes, are
those included in the following:
Scale
Principal Penalties
Capital punishment:
Death.
Afflictive penalties:
Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary absolute
disqualification,
Perpetual or temporary special disqualification,
Prision mayor.
Correctional penalties:
Prision correccional,
Arresto mayor,
Suspension,
Destierro.
Light penalties:
Arresto menor,
Public censure.
Fine, and
Bond to keep the peace.
Accessory Penalties
Chapter Three
DURATION AND EFFECTS OF PENALTIES
Section One. — Duration of Penalties
Art. 27. Reclusion perpetua. — Any person
sentenced to any of the perpetual penalties
shall be pardoned after undergoing the penalty
for thirty years, unless such person by reason of
his conduct or some other serious cause shall
be considered by the Chief Executive as
unworthy of pardon.
3. The fine.
Chapter Four
APPLICATION OF PENALTIES
Section One. — Rules for the application of
penalties
to the persons criminally liable and for the
graduation of the same.
Art. 46. Penalty to be imposed upon principals
in general. — The penalty prescribed by law for
the commission of a felony shall be imposed
upon the principals in the commission of such
felony.
3. Aggravating or mitigating
circumstances which arise from the moral
attributes of the offender, or from his
private relations with the offended party,
or from any other personal cause, shall
only serve to aggravate or mitigate the
liability of the principals, accomplices and
accessories as to whom such
circumstances are attendant.
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
SCALE NO. 1
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Destierro,
8. Arresto menor,
9. Public censure,
10. Fine.
SCALE NO. 2
1. Perpetual absolute
disqualification,
2. Temporal absolute
disqualification
4. Public censure,
5. Fine.
Chapter Five
EXECUTION AND SERVICE OF PENALTIES
Section One. — General Provisions
Art. 78. When and how a penalty is to be
executed. — No penalty shall be executed
except by virtue of a final judgment.
Title Four
EXTINCTION OF CRIMINAL LIABILITY
Chapter One
TOTAL EXTINCTION OF CRIMINAL LIABILITY
Art. 89. How criminal liability is totally
extinguished. — Criminal liability is totally
extinguished:
1. By the death of the convict, as to the
personal penalties and as to pecuniary
penalties, liability therefor is
extinguished only when the death of the
offender occurs before final judgment.
4. By absolute pardon;
1. By conditional pardon;
Title Five
CIVIL LIABILITY
Chapter One
PERSON CIVILLY LIABLE FOR FELONIES
Art. 100. Civil liability of a person guilty of
felony. — Every person criminally liable for a
felony is also civilly liable.
Chapter Two
WHAT CIVIL LIABILITY INCLUDES
Art. 104. What is included in civil liability. —
The civil liability established in Articles 100,
101, 102, and 103 of this Code includes:
1. Restitution;
Chapter Three
EXTINCTION AND SURVIVAL OF CIVIL
LIABILITY
Art. 112. Extinction of civil liability. — Civil
liability established in Articles 100, 101, 102,
and 103 of this Code shall be extinguished in
the same manner as obligations, in accordance
with the provisions of the Civil Law.
.
Art. 113. Obligation to satisfy civil liability. —
Except in case of extinction of his civil liability
as provided in the next preceding article the
offender shall continue to be obliged to satisfy
the civil liability resulting from the crime
committed by him, notwithstanding the fact
that he has served his sentence consisting of
deprivation of liberty or other rights, or has not
been required to serve the same by reason of
amnesty, pardon, commutation of sentence or
any other reason.chan robles virtual law library