The Revised Penal Code took effect on January 1, 1932.

It is composed of two parts – Book One of the

Revised Penal Code provides the general provisions on the application of the law, and the general principles of
criminal law. It defines felonies and circumstances which affect criminal liability, justifying circumstances and
circumstances which exempt, mitigate or aggravate criminal liability, and defines the classification, duration,
and effects of criminal penalties. Finally, it provides for the extinction and survival of criminal and civil liabilities
in crimes.
Book Two of the Revised Penal Code on the other hand defines the specific crimes and the penalties
imposable for each crime. Crimes are classified into crimes against national security (such
as treason, espionage and piracy), crimes against the fundamental laws of the state (rebellion, coup
d'état, sedition and public disorders), crimes against public interest (counterfeiting of currency, falsification of
public documents), crimes against public morals, crimes committed by public officers, crimes against persons
(parricide, murder, physical injuries, rape), crimes against security (kidnapping), and crimes against property
(robbery, theft), among others. Criminal negligence is also an offense under the Revised Penal Code. Under
the Revised Penal Code, acts and omissions punishable by law are called felonies. Thus, to be considered as
a felony there must be an act or omission.

Degree of consummation of crimes[edit]

Felonies can be consummated, frustrated, and attempted. A felony is consummated when all the elements
necessary for its execution and accomplishment are present. It is frustrated when the offender performs all the
acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it
by reason of causes independent of the will of the perpetrator. There is an attempt when the offender
commences the commission of a felony directly or overt acts, and does not perform all the acts of execution
which should produce the felony by reason of some cause or accident other than his own spontaneous
desistance.
Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony
and decide to commit it. Conspiracy can also be proven based on the idea of "unity of purpose" and acts
leading to a common design. There is proposal when the person who has decided to commit a felony proposes
its execution to some other person or persons. Conspiracy and proposal to commit a felony are generally not
punishable, except for conspiracy and proposal to commit treason, coup d'État, and rebellion. Whilst not
generally punishable, conspiracy can determine the degree of participation in criminal offenses in order to
determine criminal liability.

Circumstances that affect criminal liability[edit]

The presence of certain circumstances have the effect of removing, mitigating or aggravating criminal liability of
persons. Persons who commit crimes when justifying circumstances are present do not incur criminal or civil
liability. Acting in self-defense is one of these justifying circumstances.
The presence of exempting circumstances on the other hand will exempt the perpetrator from criminal liability
but not from civil liability. Some of these exempting circumstances are imbecility or youth. On the other hand,
the presence of one or more mitigating circumstances when a crime is committed, can serve to reduce the
penalty imposed. An example is voluntary surrender.
Lastly, the presence of aggravating circumstances will increase the penalty imposed under the crime, upon
conviction. Some examples are contempt or insult to public authority.

Participation in crimes[edit]
Under the Revised Penal Code, when more than one person participated in the commission of the crime, the
law looks into their participation because in punishing offenders, the Revised Penal Code classifies them
as principals, accomplices, or accessories. A persons can be liable as a principal for (a) taking a direct part in
the execution of the felony, (b) directly forcing or inducing others to commit it, or (c) cooperate in the
commission of the offense by another act without which it would not have been accomplished. Accomplices are
persons who, while not acting as a principal, cooperate in the execution of the offense by previous or
simultaneous acts.
Lastly, accessories are those who, having knowledge of the commission of the crime, and without having
participated therein, either as principals or accomplices, take part subsequent to its commission by: (a) profiting
themselves or assisting the offender to profit by the effects of the crime, (b) concealing or destroying the body
of the crime, or the effects or instruments thereof, in order to prevent its discovery, or (c) harboring, concealing,
or assisting in the escape of the principals of the crime.
Principals are punished more severely than accomplices, who are punished more severely than accessories.
However, when there is conspiracy, there will no longer be a distinction as to whether a person acted as a
principal, accomplice or accessory, because when there is conspiracy, the criminal liability of all will be the
same, because the act of one is the act of all.

Murder[edit]
Article 248 of the Revised Penal Code defines murder as killing someone other than a family member[1] with
any of the following six circumstances:

1. With treachery [see below], taking advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense, or of means or persons to insure or afford impunity;
2. In consideration of a price, reward, or promise;
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault
upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means
involving great waste and ruin;
4. On occasion of any calamities enumerated in the preceding paragraph, or of an earthquake, eruption
of a volcano, destructive cyclone, epidemic, or any other public calamity;
5. With evident premeditation;
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or
scoffing at his person or corps.[2]
Murder is punishable by reclusión perpetua (20 to 40 years' incarceration).[2] Without any of these six
aggravating circumstances, a killing is instead homicide punishable by reclusión temporal.[2] A murder is
committed “with treachery” by
employing means, methods, or forms in the execution, which tend directly and specially to insure its execution,
without risk to the offender arising from the defense which the offended party might make. The essence of
treachery is that the attack comes without a warning and in a swift, deliberate, and unexpected manner,
affording the hapless, unarmed, and unsuspecting victim no chance to resist or escape. For treachery to be
considered, two elements must concur: (1) the employment of means of execution that gives the persons
attacked no opportunity to defend themselves or retaliate; and (2) the means of execution were deliberately or
consciously adopted.[3]

Special Penal Laws[edit]

Apart from the crimes penalized in the Revised Penal Code, several other pieces of criminal legislation have
been passed, penalizing acts such as illegal possession and trafficking of dangerous drugs, money laundering,
and illegal possession of firearms. These laws are called “Special Penal Laws” and they form part of Philippine
Criminal Laws. There are certain differences between crimes punished under the Revised Penal Code and
Special Penal Laws.
Violations of the crimes listed in the Revised Penal Code are referred to as mala in se, which literally means,
that the act is inherently evil or bad or wrongful in itself. On the other hand, violations of Special Penal Laws are
generally referred to as malum prohibitum or an act that is wrong because it is prohibited. Thus, no criminal
intent is needed in order to find a person liable for crimes punished under Special Penal Laws. As long as the
act is committed, then it is punishable as a crime under law.
Note, however, that not all violations of Special Penal 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.
There are some important distinctions between crimes punishable under the Revised Penal Code and Special
Penal Laws. One of them is that 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 criminal intent or negligence in the
commission of the punishable act. In crimes punished under Special Penal Laws, the moral trait of the offender
is not considered; it is enough that the prohibited act was voluntarily done.
Definition of Criminal Law
Have you ever watched the television show Law and Order? In the popular show, the first portion relates to a
crime that was committed. This part of the show focuses on the police and detective work involved in trying to
solve the crime and gather evidence to prove their case against the perpetrator of the crime. The second part
of the show pertains to the legal system and shows how criminal law applies to the facts. Thus, you will see
criminal law in action as it plays out in the courtroom. This program offers a very good insight into the body of
criminal law.
Criminal law refers to a body of laws that apply to criminal acts. In instances where an individual fails to
adhere to a particular criminal statute, he or she commits a criminal act by breaking the law. This body of laws
is different from civil law, because criminal law penalties involve the forfeiture of one's rights and imprisonment.
Conversely, civil laws relate to the resolution of legal controversies and involve money damages.
There are various theories for why we have a criminal law system. Neither theory is exclusive or dispositive.
The main theories for criminal law include: to deter crime, to reform the perpetrator, to provide retribution for the
act, and to prevent further crimes. There is much discussion regarding these theories of criminal law and which
policy is best promoted by the body of criminal law.

Types of Criminal Laws

There are two types of criminal laws: misdemeanors and felonies. A misdemeanor is an offense that is
considered a lower level criminal offense, such as minor assaults, traffic offenses, or petty thefts. Moreover, in
most states, the penalty for the misdemeanor crime is typically one year or less.
In contrast, felony crimes involve more serious offenses. Some examples of felonies include murder,
manslaughter, dealing drugs, rape, robbery, and arson. In virtually every state in the U.S., felonies carry a
penalty of one year or more, depending upon the particular nature of the offense and the jurisdiction where the
felony crime was committed. In addition, every state has a different body of criminal laws which vary from state
to state. There are also federal criminal law statutes which apply to every state in the U.S.

Parts of Criminal Law Statutes

All criminal law statutes contain two distinct parts. The first of these parts is the mens rea, which is the mental
state that one must possess when committing a crime. For example, if one commits murder, it is necessary that
the party committing the murder intended to engage in the act. This intention is the mens rea of the crime of
murder.