1. THE CRIMINAL CODE OF THE PHILIPPINES. Book 1. General Principles . (2 ) The penalty of fine established in the Revised Penal Code, whether imposed. Abstract/Citation: Revises the Penal Code and other penal laws. Book 1 contain provisions on felonies and circumstances which affect criminal liability (Title 1). View Revised Penal Code of the Philippines Research Papers on musicmarkup.info for Philippine Law Book: Criminal Law Quester & Reviewer Price: ₱1,
|Language:||English, Spanish, Hindi|
|ePub File Size:||15.47 MB|
|PDF File Size:||13.12 MB|
|Distribution:||Free* [*Sign up for free]|
Full text of Book I of the Revised Penal Code of the Philippines [Act No. ]. 1. By any person committing a felony (delito) although the wrongful act done be. Preliminary Article — This law shall be known as "The Revised Penal Code." BOOK ONE nations, defined in Title One of Book Two of this Code. Title One. Several important penal legislation have beenpassed in the last few years which have asignificant impact on crimes punishable underthe Revised Penal Code;.
It cannot penalize a crime committed outside the country, even if the same be committed by any of its citizens. In this vein, the Philippines adopts the Archipelagic Doctrine which mandates the outlining of imaginary lines starting from the lowest water mark and connecting the outermost portions of the territory in defining the limits of the National Territory. The entire archipelago is regarded as one integrated unit instead of being fragmented into so many islands. Composition of the National Territory: 1. By Article 2 of the Revised Penal Code, our Penal laws may also apply outside of Philippine Territory against those who: a Should commit an offense while on a Philippine ship or airship; If a crime is committed on board a foreign vessel and it is a merchant vessel, there are two rules as to jurisdiction: 1.
When the guilty person is below 18 years of age at the time of the commission of the crime. When he is more than 70 years of age. When upon appeal or automatic review of the case by the Supreme Court, the required majority vote is not obtained for the imposition of the death penalty, in which cases the penalty be reclusion perpetua.
In this last case, the death sentence shall be commuted to the penalty of reclusion perpetua with the accessory penalty provided in Art.
In all cases where the death sentence has become final, the records of the case shall be forwarded immediately by the Supreme Court to the Office of the President for possible exercise of the pardoning power. The Jungian school of Analytical Psychology has been, since its inception, trying to conceptualize why dream are a product of the unconscious mind. I will discuss this image extensively below.
When I think about the dream I think of it as the product of the whole psyche: When a person is sleeping ego-consciousness is a captive audience. It is not allow too interact with the unconscious mind. The unconscious mind during sleep has total domination over the ego. Dreams are what the unconscious mind conveys, via chaos, to ego-consciousness about itself. Dreams are all about symbolism and the individual has to learn how to read his dreams via his understanding of symbolism: Within mere seconds of awakening from sleep ego-consciousness has the knee-jerk reaction of putting the chaos of the phantasmagoria of the unconscious mind into concretize form, which is called the DREAM; therefore, it is both halves of the psyche: During the experience of the dream itself, while sleeping, ego-consciousness has absolutely no idea of what is being conveyed to it.
I have revised this paper extensively. Ads help cover our server costs. Remember me on this computer. Enter the email address you signed up with and we'll email you a reset link. Need an account? Click here to sign up.
Help Center Find new research papers in: An imbecile or an insane person, unless the latter has acted during a lucid interval. A person under nine years of age. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art.
Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. Any person who act under the compulsion of irresistible force.
Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause.
Mitigating circumstances. 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. That the offender is under eighteen year of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of Art.
That the offender had no intention to commit so grave a wrong as that committed. That sufficient provocation or threat on the part of the offended party immediately preceded the act. That the act was committed in the immediate vindication of a grave offense to the one committing the felony delito , his spouse, ascendants, or relatives by affinity within the same degrees.
That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution; 8.
That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of the consciousness of his acts. And, finally, any other circumstances of a similar nature and analogous to those above mentioned. Aggravating circumstances.
That advantage be taken by the offender of his public position. That the crime be committed in contempt or with insult to the public authorities.
That the act be committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or that is be committed in the dwelling of the offended party, if the latter has not given provocation.
That the act be committed with abuse of confidence or obvious ungratefulness. That the crime be committed in the palace of the Chief Executive or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship. The courts, therefore, in exacting retribution for the wronged society, should direct the punishment to potential or actual wrongdoers, since criminal law is directed against acts and omissions which the society does not approve.
Consistent with this theory, the mala prohibita principle which punishes an offense regardless of malice or criminal intent, should not be utilized to apply the full harshness of the special law. Construction of Penal Laws Criminal Statutes are liberally construed in favor of the offender. This means that no person shall be brought within their terms who is not clearly within them, nor should any act be pronounced criminal which is not clearly made so by statute.
The original text in which a penal law is approved in case of a conflict with an official translation. On the other hand, violations of special laws are generally referred to as malum prohibitum. Note, however, that not all violations of special laws are mala prohibita. While intentional felonies are always mala in se, it does not follow that prohibited acts done in violation of special laws are always mala prohibita.
Even if the crime is punished under a special law, if the act punished is one which is inherently wrong, the same is malum in se, and, therefore, good faith and the lack of criminal intent is a valid defense; unless it is the product of criminal negligence or culpa. Likewise when the special laws requires that the punished act be committed knowingly and willfully, criminal intent is required to be proved before criminal liability may arise.
When the act penalized is not inherently wrong, it is wrong only because a law punishes the same. Distinction between crimes punished under the Revised Penal Code and crimes punished under special laws 1. As to moral trait of the offender In crimes punished under the Revised Penal Code, the moral trait of the offender is considered.
This is why liability would only arise when there is dolo or culpa in the commission of the punishable act. In crimes punished under special laws, the moral trait of the offender is not considered; it is enough that the prohibited act was voluntarily done.
As to use of good faith as defense In crimes punished under the Revised Penal Code, good faith or lack of criminal intent is a valid defense; unless the crime is the result of culpa In crimes punished under special laws, good faith is not a defense 3.
As to degree of accomplishment of the crime In crimes punished under the Revised Penal Code, the degree of accomplishment of the crime is taken into account in punishing the offender; thus, there are attempted, frustrated, and consummated stages in the commission of the crime.
In crimes punished under special laws, the act gives rise to a crime only when it is consummated; there are no attempted or frustrated stages, unless the special law expressly penalize the mere attempt or frustration of the crime.
As to mitigating and aggravating circumstances In crimes punished under the Revised Penal Code, mitigating and aggravating circumstances are taken into account in imposing the penalty since the moral trait of the offender is considered. In crimes punished under special laws, mitigating and aggravating circumstances are not taken into account in imposing the penalty. As to degree of participation In crimes punished under the Revised Penal Code, when there is more than one offender, the degree of participation of each in the commission of the crime is taken into account in imposing the penalty; thus, offenders are classified as principal, accomplice and accessory.
In crimes punished under special laws, the degree of participation of the offenders is not considered. All who perpetrated the prohibited act are penalized to the same extent.
There is no principal or accomplice or accessory to consider. If you remove the law, will the act still be wrong? Where malice is a factor, good faith is a defense. In violation of special law, the act constituting the crime is a prohibited act.
Therefore culpa is not a basis of liability, unless the special law punishes an omission. When given a problem, take note if the crime is a violation of the Revised Penal Code or a special law.