ACT NO. 3815 1.

1. By any person committing a felony (delito) although the wrongful act done be different from that
AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS which he intended.
PRELIMINARY ARTICLE 2. By any person performing an act which would be an offense against persons or property, were it
This law shall be known as “The Revised Penal Code.” not for the inherent impossibility of its accomplishment or on account of the employment of
inadequate or ineffectual means.(IMPOSSIBLE CRIME)
BOOK ONE
ARTICLE 5. Duty of the Court in Connection with Acts Which Should Be Repressed but Which
General Provisions Regarding the Date of Enforcement and Application of the Provisions of this are Not Covered by the Law, and in Cases of Excessive Penalties. — Whenever a court has
Code, and Regarding the Offenses, the Persons Liable and the Penalties knowledge of any act which it may deem proper to repress and which is not punishable by law, it
shall render the proper decision, and shall report to the Chief Executive, through the Department of
PRELIMINARY TITLE Justice, the reasons which induce the court to believe that said act should be made the subject of
penal legislation.
Date of Effectiveness and Application of the Provisions of This Code 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
ARTICLE 1. Time When Act Takes Effect. — This Code shall take effect on the first day of strict enforcement of the provisions of this Code would result in the imposition of a clearly
January, nineteen hundred and thirty-two. excessive penalty, taking into consideration the degree of malice and the injury caused by the
offense.
ARTICLE 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 ARTICLE 6. Consummated, Frustrated, and Attempted Felonies. — Consummated felonies, as
Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its well as those which are frustrated and attempted, are punishable.
jurisdiction, against those who:
A felony is consummated when all the elements necessary for its execution and
1. Should commit an offense while on a Philippine ship or airship; accomplishment are present; and it is frustrated when the offender performs all the acts of
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and execution which would produce the felony as a consequence but which, nevertheless, do not
securities issued by the Government of the Philippine Islands; produce it by reason of causes independent of the will of the perpetrator.
3. Should be liable for acts connected with the introduction into these islands of the obligations and There is an attempt when the offender commences the commission of a felony directly by overt
securities mentioned in the preceding number; acts, and does not perform all the acts of execution which should produce the felony by reason
4. While being public officers or employees, should commit an offense in the exercise of their of some cause or accident other than his own spontaneous desistance.
functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in Title ARTICLE 7. When Light Felonies are Punishable. — Light felonies are punishable only when
One of Book Two of this Code. they have been consummated, with the exception of those committed against person or property.
TITLE ONE
Felonies and Circumstances Which Affect Criminal Liability ARTICLE 8. Conspiracy and Proposal to Commit Felony. — Conspiracy and proposal to
CHAPTER ONE commit felony are punishable only in the cases in which the law specially provides a penalty
Felonies therefor. (ACT OF ONE=ACT OF ALL)
A conspiracy exists when two or more persons come to an agreement concerning the commission of
ARTICLE 3. Definition. — Acts and omissions punishable by law are felonies (delitos). a felony and decide to commit it.
There is proposal when the person who has decided to commit a felony proposes its execution to
Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa). some other person or persons.
Chain Conspiracy- communication and cooperation by individual link together in a vertical chain.
There is deceit when the act is performed with deliberate intent; and there is fault when the Wheel Conspiracy- involves a single person or a group that serves as a hub or common core
wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. connections of various individuals.
*Conspiracy is not a crime, these are just preparatory acts. It’s not a crime except in cases that the
ARTICLE 4. Criminal Liability. — Criminal liability shall be incurred: law provides a penalty (TREASON, COUP D ETAT
ARTICLE 9. Grave Felonies, Less Grave Felonies and Light Felonies. — Grave felonies are Second. That the injury feared be greater than that done to avoid it;
those to which the law attaches the capital punishment or penalties which in any of their periods Third. That there be no other practical and less harmful means of preventing it.
are afflictive, in accordance with article 25 of this Code.
It’s not material commensurability but only rational equivalence.”
Less grave felonies are those which the law punishes with penalties which in their maximum period
are correctional, in accordance with the aforementioned article. 5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.
(FULFILLMENT OF DUTY)
Light felonies are those infractions of law for the commission of which the penalty of arresto menor REQUISITES:
or a fine not exceeding 200 pesos or both, is provided. A. In the performance of duty or lawful exercise.
B. Injury caused or offense committed be the necessary consequence of the due performance of
ARTICLE 10. Offenses Not Subject to the Provisions of this Code. — Offenses which are or in duty
the future may be punishable under special laws are not subject to the provisions of this Code. This
Code shall be supplementary to such laws, unless the latter should specially provide the contrary. 5. Any person who acts in obedience to an order issued by a superior for some lawful purpose .
(OBEDIENCE TO A LAWFUL ORDER)
CHAPTER TWO A. Order must been issued by a superior. Not applicable to same rank.
Justifying Circumstances and Circumstances which Exempt from Criminal Liability B. Must be for some lawful purpose.
C. Used by the subordinate to carry out said order.
ARTICLE 11. Justifying Circumstances. — The following do not incur any criminal liability:
Section 26. Battered Woman Syndrome
1. Anyone who acts in defense of his person or rights, provided that the following circumstances Defense: Victim or Survivor who are found by the courts to be suffering from BWS do not incur
concur:(self defense) any criminal liability.
First. Unlawful aggression; Shall be assisted by an expert psychiatrists/psychologists.
Second. Reasonable necessity of the means employed to prevent or repel it;
Third. Lack of sufficient provocation on the part of the person defending himself. BATTERED WOMAN SYNDROME

INCOMPLETE SELF DEFENSE TENSION BUILDING PHASE

If no first rule = no self defense!! MINOR BATTERING
If A ONLY= ordinary mitigating circumstances (the lower penalty shall be imposed)
If A and B or C= privileged mitigating circumstances (penalty lowered by 2 degrees)
TRANQUIL LOVING PHASE ACUTE BATTERING PHASE
2. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or BRUTALITY
legitimate, natural or adopted brothers or sisters, or of his relatives by affinity in the same degrees, Requisites:
and those by consanguinity within the fourth civil degree, provided that the first and second 1. At least 2 battering episodes (acute phase)
requisites prescribed in the next preceding circumstance are present, and the further requisite, in 2. Final acute battering episodes preceding a danger/killing
case the provocation was given by the person attacked, that the one making defense had no 3. At the time of killing, the battering must must have posed probable danger
part therein. (DEFENSE OF A RELATIVE)

3. 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. (DEFENSE OF A
STRANGER)

4. Any person who, in order to avoid an evil or injury, does an act which causes damage to another,
provided that the following requisites are present: (STATE OF NECESSITY)
First. That the evil sought to be avoided actually exists;