Crimes committed within the Philippines or against a government facility of the Crimes committed against humanity and the law of nations. Section 3. THE CRIMINAL CODE OF THE PHILIPPINES Book 1 General Principles Chapter 1 Applicability Section 1. No crime without law. There is no crime unless the act. AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS. Act No. December 8, The Revised Penal Code of the Philippines. Preliminary.
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Full text of the Revised Penal Code of the Philippines [Act No. ]. Featured on the World Wide Web by The Law Firm of Chan Robles & Associates. Crim Law Revised Penal Code of the computerescue.info - Download as PDF File . pdf), Text File .txt) or read online. Revised Penal Code of the Philippines. The Philippine Government has organized and established institutions which These institutions are responsible for preventing crimes,enforcement of laws.
Disqualification or suspension permanently or for the duration of the sentence - deprives the offender of public office, profession or employment, elective or appointive, and any similar office or employment 6. Suspension of the right to vote or be voted for in any election 7. Civil interdiction for the duration of the sentence imposed - deprives the offender of parental authority over children, guardianship rights, or the right to manage and dispose of property 8. Forfeiture of benefits is the disqualification of the offender from receiving any portion or all of benefits 9.
Confiscation and forfeiture of proceeds and instruments of crime is integral to every penalty. Proceeds and instruments of a crime shall be confiscated in favor of the State unless they belong to a third party or are not subject of lawful commerce. Imposition of penalties. The imposition of penalties shall be guided by the following: The court shall impose the principal penalty or alternative penalty and the accessory penalties, as applicable.
Fine as a principal penalty or an alternative penalty shall be equivalent to a multiple of the average daily income of the offender but in no case lower than the daily minimum wage of the place where the crime is committed, or the value of the property, in cases of property crimes. Subsidiary penalty of community service shall be imposed when the offender fails to pay the fine. Probation may be availed of for Level 1 and 2 crimes.
A first time offender of a Level 1 crime shall render community service upon application and approval of the Court. Community service may be included as one of the conditions for probation in Level 2 crimes. The duration of community service shall be equivalent to the prison term. The object, instrument or proceeds of the crime shall be destroyed, confiscated or forfeited. The court shall order the return of the property or its equivalent and indemnification as damages.
Computation of penalties. The computation of penalties shall be guided by the following: Penalties shall be computed from the day the judgment becomes final. Preventive detention shall be credited to the term of imprisonment imposed. Execution of penalties.
The execution of penalties shall be guided by the following: The sentence shall be suspended if the offender becomes insane. The penalty of two or more imprisonment terms shall be served successively, but in no case shall a person be imprisoned for more than 40 years. Extinction of criminal responsibility. Criminal responsibility is extinguished by: Service of penalty 2.
Amnesty 3. Absolute Pardon 4. Prescription 5. Amicable settlement - , except in cases of crimes against the State, and subject to the court's discretion and approval, considering all relevant circumstances of the case in the interest of justice and peace Section Diminution of criminal responsibility. Criminal responsibility is diminished by: Conditional pardon 2. Commutation of sentence 3.
Parole 4. Probation Section Prescription of crimes. The prescription of crimes shall be governed by the following rules: Crimes punishable by life imprisonment do not prescribe. Level 5 crimes prescribe in 25 years. Level 4 crimes prescribe in 15 years. Level 3 crimes prescribe in 10 years.
Level 2 crimes prescribe in five years. Level 1 crimes prescribe in one year. The period of prescription shall run from the day the crime is committed or upon its discovery.
The period of prescription shall not run when the crime is under any formal proceedings or investigation and shall run again when the proceedings did not result in the filing of an information in court.
Other Provisions. No person shall be twice put in jeopardy of punishment for the same crime. An appeal from a dismissal or acquittal of a level 4 crime or higher based on the following grounds shall not constitute a second jeopardy: Bias or prejudice stemming from an extrajudicial source. Transitory Provisions 1 The penalty of death and of imprisonment established in the Revised Penal Code shall have the equivalent penalty of imprisonment in this Code as follows: Meaning of terms.
For the purpose of consistency of criminal laws, the following terms shall have their meanings: Offended party — the State 2. Victim - a person who sustains injury or damage as a result of the commission of a crime 3.
Respondent - a person under investigation for the commission of a crime 4. This legislation has replicated certain key provisions of the Rome Statute, but not all.
A new petition by the Integrated Bar of the Philippines has recently been added to the case. Both ask for the cancellation or revocation of the notice of withdrawal. The response of the Office of the Solicitor General to the petitions is here along with audio files of the proceedings.
The PCICC was heard on 28 August and the Senators on 4 September with a brief presentation of arguments, and extensive questioning by the Supreme Court sitting en banc, signifying the importance of the matter.
The third and last day of hearings of the case took place on 9 October The government, represented by the Solicitor General, was heard, with the proceedings taking just over an hour and a half. The Integrated Bar of the Philippines was included in the proceedings at the last hearing — but did not have the opportunity to present arguments before the court. All parties now have thirty days within which to file written memoranda, after which the court will pronounce its decision.
As an aside — but not entirely unrelated — the first hearing of the petitioners coincided with the first day in office of the Supreme Court Chief Justice Teresita De Castro — an appointment mired in controversy, due to the unseemly ousting of the previous Chief Justice Maria Lourdes Sereno in May of this year. On the potential implications, more here. The hearings for the Senators was also delayed, due to the denial of a motion for the jailed opposition senator Leila de Lima — one of the senators who has approached the court in this case — to argue the case before the Supreme Court.
In continuing turmoil,on the day of the hearing for the Senators, an arrest warrant issued by the President revoking a previous amnesty against another one of the six petitioner senators — also a key opponent of the President — was made public.
And continuing the trend of significant legal events at each of the three hearings, the last hearing was the last day in office of the Chief Justice , after a day term. She was not present at the last hearing, and will not participate in the decision of the court in this matter. Legal arguments The arguments at the Philippine Supreme Court were based on domestic law as well as international law. The posts do not address all the nuances of domestic law, but present the more contested arguments at the hearings.
It was notable that the petitioners were heard for over six hours, with a little over an hour and a half for the respondents. When both mitigating and aggravating circumstances attended the commission of the act. When the commission of the act is attended by some mitigating circumstances and there is no aggravating circumstance. Rules for the application of indivisible penalties. Rules for the application of penalties which contain three periods.
Notwithstanding the provisions of this article. When in the commission of the deed there is present only one aggravating circumstance. When there are neither mitigating nor aggravating circumstances and there is no aggravating circumstance.
Rule in cases in which the penalty is not composed of three periods. When an aggravating circumstance is present in the commission of the act. Whatever may be the number and nature of the aggravating circumstances.
Within the limits of each period. When both mitigating and aggravating circumstances are present. When only a mitigating circumstances is present in the commission of the act. Imposition of fines. When there are neither aggravating nor mitigating circumstances.
When there are two or more mitigating circumstances and no aggravating circumstances are present. Penalty to be imposed when not all the requisites of exemption of the fourth circumstance of Article 12 are present. Successive service of sentence. Penalty to be imposed when the crime committed is not wholly excusable.
Penalty to be imposed upon a person under eighteen years of age. The courts shall impose the penalty in the period which may be deemed proper. Upon a person under fifteen but over nine years of age. Upon a person over fifteen and under eighteen years of age the penalty next lower than that prescribed by law shall be imposed. In the imposition of the penalties. Perpetual absolute disqualification.
No other penalty to which he may be liable shall be inflicted after the sum total of those imposed equals the same maximum period. As amended. Temporal absolute disqualification 3. In applying the provisions of this rule the duration of perpetual penalties pena perpetua shall be computed at thirty years.
Legal period of duration of divisible penalties. Penalty higher than reclusion perpetua in certain cases. Presumption in regard to the imposition of accessory penalties. Preference in the payment of the civil liabilities. Increasing or reducing the penalty of fine by one or more degrees. Reclusion temporal Prision mayor.
From 6 years and 1 day to 8 years. From 4 months and 1 day to 6 months.
From 1 to From 11 From 21 10 days. When the penalty is a complex one composed of three distinct penalties. From 8 years and 1 day to 10 years. Penalties Time Time Time Time included included included included in the in its in its in its penalty minimum medium maximum in its period period entirety From 12 years and 1 day to 20 years.
From 6 months and 1 day to 6 years. From 10 years and 1 day to 12 years. From 17 years. From 14 years. From 2 months and 1 day to 4 months. From 2 years. From 6 months and 1 day to 2 years and 4 months.
From 4 years. Arresto menor From 1 to 30 days. Arresto mayor From 1 From 1 to month 2 months. From 12 years and 1 day to 14 years and 8 months. Suspension of the execution and service of the penalties in case of insanity. When and how a penalty is to be executed. Suspension of sentence of minor delinquents. The provisions of the first paragraph of this article shall not.
The respective provisions of this section shall also be observed if the insanity or imbecility occurs while the convict is serving his sentence.
Chartered cities shall pay two-thirds of said expenses. That whenever the Secretary of Finance certifies that a municipality is not able to pay its share in the expenses above mentioned. If the minor has been committed to the custody or care of any of the institutions mentioned in the first paragraph of this article. That in case his parents or relatives or those persons liable to support him have not been ordered to pay said expenses or are found indigent and cannot pay said expenses.
In this last case. During the interval between the notification and the execution. Place of execution and persons who may witness the same. Notification and execution of the sentence and assistance to the culprit. The death sentence shall be executed under the authority of the Director of Prisons. Suspension of the execution of the death sentence. When and how the death penalty is to be executed. Provisions relative to the corpse of the person executed and its burial.
By service of the sentence. How criminal liability is totally extinguished. In no case shall the burial of the body of a person sentenced to death be held with pomp. By the death of the convict. By amnesty.
Republic Act No.
By prescription of the crime. By the marriage of the offended woman. Prescription of crime. Computation of prescription of offenses. By absolute pardon.
By prescription of the penalty. Computation of the prescription of penalties. Partial Extinction of criminal liability. By commutation of the sentence. When and how penalties prescribe. For good conduct allowances which the culprit may earn while he is serving his sentence. By conditional pardon. Effect of commutation of sentence. Obligation incurred by person granted conditional pardon. Correctional penalties. The term of prescription shall not run when the offender is absent from the Philippine Archipelago.
Other afflictive penalties.
Light penalties. Death and reclusion perpetua.
During the third to the fifth year. Such allowances once granted shall not be revoked.
During the eleventh and successive years of his imprisonment. Allowance for good conduct. Civil liability of a person guilty of felony. Who grants time allowances. During the first two years of his imprisonment. During the following years until the tenth year.
Special time allowance for loyalty. In cases falling within subdivisions 5 and 6 of Article In cases of subdivisions 1. Rules regarding civil liability in certain cases. In cases falling within subdivision 4 of Article Subsidiary civil liability of innkeepers. Reparation of the damage caused.
What is included in civil liability. No liability shall attach in case of robbery with violence against or intimidation of persons unless committed by the innkeeper's employees. Indemnification for consequential damages. Subsidiary civil liability of other persons.
How made. What is included. This provision is not applicable in cases in which the thing has been acquired by the third person in the manner and under the requirements which.
Preference in payment. Upon whom it devolves. Obligation to make restoration. Several and subsidiary liability of principals. Share of each person civilly liable. Obligation to make restitution in certain cases. Extinction of civil liability.Penalties shall be computed from the day the judgment becomes final.
Correctional penalties. When the principal imposed is higher than prision correccional. One proposal is that it is morally wrongful to violate legal norms that have this effect: that help us better conform to moral norms that exist independently of the law Gardner , 19— When and how the death penalty is to be executed.
Criminal responsibility is extinguished by: 1.
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