The Revised Penal Code (Act No.

3815)

Article 1. This code shall take effect on the first day of January, nineteen hundred and thirty-two.

 Two Theories in Criminal Law

 Classical
o Basis of criminal liability is human free will and the purpose of the
penalty is retribution.
o Man is a moral creature with absolutely free will to choose between
good and evil, thereby placing more stress upon the effect or result of
the felonious act than upon the man, the criminal himself
o Establish a mechanical and direct proportion between crime and
penalty.
o Scant regard to the human element
 Positivist
o That man is subdued occasionally by a strange and morbid phenomenon
which constrains him to do wrong, in spite of or contrary to his volition
o That crime is essentially a social and natural phenomenon and it can be
treated through enforcement of individual measures in each particular
cases after a thorough, personal and individual investigation conducted
by a competent body of psychiatrists and social scientists.

Article 2. Except as provided in the treaties and laws of preferential application, the provisions of this
Code, shall be enforced not only within the Philippine Archipelago, including its atmosphere, its
interior waters and maritime zone, but also outside of its jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship or airship;

2. Should forge or counterfeit ay coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these Islands of the
obligations and securities mentioned in the preceding number;
4. While being public officers or employees, should commit an offense in the exercise of their
functions; or
5. Should commit any of the crimes against national security and the law of nations, defined
in Title One of Book two of this Code.
 Any person who committed a crime on board a Philippine ship or airship while the same is
outside of the Philippine territory can be tried before our civil courts for violation of the
Penal Code.
 When the Philippine vessel or aircraft is in the territory of a foreign country, the crime
committed on said vessel or aircraft is subject to the laws of that foreign country.
 Philippine Vessel or aircraft must be understood as that which is registered in the Philippine
Bureau of Customs
 Any person who makes false or counterfeit coins or forges treasury or bank notes or other
obligations and securities in a foreign country may be prosecuted before our courts for
violation of Art. 163 or Art. 166 of the RPC.
 An offense committed on the high seas on board a foreign merchant vessel is not triable by
our courts.
 But a continuing crime is triable in the Philippines.
 Offenses committed on board a foreign merchant vessel while on Philippine territorial
waters (three-mile limit) is triable before our court.
 Rules as to jurisdiction over crimes committed aboard foreign merchant vessels.
  French Rule. Such crimes are not triable in the courts of that country, unless their
commission affects the peace and security of the territory or the safety of the state
is endangered.
 English Rule. Such crimes are triable in that country, unless they merely affect things
within the vessel or they refer to the internal management thereof.
 Disorders which disturb only the peace of the ship or those on board are to be dealt with
exclusively by the sovereignty of the home of the ship, but those which disturb the public
peace may be suppressed, and, if need be, the offenders punished by the proper authorities
of the local jurisdiction.
 Crimes not involving a breach of public order committed on board a foreign merchant vessel
in transit not triable by our courts. (For eg. Possession of opium aboard a foreign merchant
vessel in transit,
 Landing or using opium is an open violation of the laws of the Philippines. (illegal
importation of opium)
 Warships are always reputed to be territory of the country to which they belong and cannot
be subjected to the laws of another state.

Article 3. Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only
by means of deceit (dolo) but also 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.

 Elements of felonies
o Act or omission
o Must be punishable by R.P.C. (nullum crimen, nulla poena sine lege)
o Performed or incurred by means of dolo or culpa.
 Act – bodily movement tending to produce some effect in the external world. Must be one
which is defined by the R.P.C. as constituting a felony; or, at least, an overt act of that
felony, that is, an external act which has direct connection with the felony intended to be
committed.
 Internal acts, no matter how immoral or improper it may be, will never constitute a felony.
 Omission – inaction, failure to perform a positive duty which one is bound to do and that
there must be law requiring the doing or performance of act.
 People v. Silvestre and Atienza – Mere passive presence at the scene of another’s crime,
mere silence and failure to give the alarm, without evidence of agreement and conspiracy, is
not punishable.
 Felonies are acts and omissions punished in the R.P.C while crimes and offenses are applied
to infractions of the law punished by special statutes.
 Classification of felonies according to the means by which they are committed:
o Intentional Felonies
 The act or omission is malicious; has the intention to cause an injury
 The offender performed an act or incurring an omission with the intention
to do an injury to the person, property, or right of another and punished by
the RPC
o Culpable Felonies
 The act or omission is not malicious; the injury caused is unintentional
 Imprudence indicates a deficiency of action. Impudence usually involves lack of skill.
 Negligence indicates a deficiency of perception. Negligence usually involves lack of foresight.