The Revised Penal Code, Book 1 essentials

The law itself

The Revised Penal Code (RPC) is Act No. 3815, approved on December 8, 1930, and it took effect on January 1, 1932. It has two books. Book 1 covers general principles: how criminal liability arises, the circumstances affecting it, and the classification and application of penalties (Articles 1-113). Book 2 defines specific crimes and their penalties (Articles 114 onward).

The RPC follows the classical theory of criminal law: the basis of liability is human free will, and the penalty is retribution proportionate to the crime. This is why intent and circumstances matter so much in Book 1.

Felonies and their elements

Article 3 defines a felony (delito) as an act or omission punishable by the RPC. Felonies are committed in two ways:

• Dolo (deceit / intentional): the act is done with malice. Its elements are: (1) freedom, (2) intelligence, and (3) intent (criminal intent).
• Culpa (fault / negligent): the wrong results from imprudence, negligence, lack of foresight, or lack of skill. Its elements are: (1) freedom, (2) intelligence, and (3) negligence or imprudence.

Remember Article 4: criminal liability is incurred even when the wrongful act done differs from that intended (el que es causa de la causa es causa del mal causado). It covers aberratio ictus (mistake in the blow), error in personae (mistake in identity), praeter intentionem (injury graver than intended), and the impossible crime.

Stages of execution

Under Article 6, felonies are at three stages:

Stage	Test
Attempted	Offender begins the commission of the felony directly by overt acts but does not perform all the acts of execution, by reason of some cause other than his own spontaneous desistance.
Frustrated	Offender performs all the acts of execution which would produce the felony, but it is not produced by causes independent of the will of the perpetrator.
Consummated	All elements necessary for execution and accomplishment are present.

Key rule: spontaneous desistance during the attempted stage exempts the offender from that felony (though not from any other crime already committed). Formal crimes (e.g., slander) have no frustrated stage; they are consummated in one instant.

Mala in se vs. mala prohibita

• Mala in se: acts inherently wrong or evil (e.g., murder, theft), generally punished under the RPC. Good faith / lack of criminal intent is a defense; stages, degree of participation, and mitigating/aggravating circumstances all matter.
• Mala prohibita: acts wrong only because a law prohibits them (e.g., many special-law offenses). Criminal intent is not required: mere commission is punished, and good faith is generally not a defense.

Note: the test is the nature of the act, not the statute: some special-law crimes are still mala in se, and some RPC provisions behave like mala prohibita.

Circumstances affecting criminal liability

Justifying circumstances (Art. 11): the act is lawful; as a rule there is no crime and no criminal or civil liability. Includes self-defense, defense of relatives, defense of strangers, avoidance of greater evil (state of necessity), fulfillment of duty, and obedience to a lawful order. Self-defense requires three elements: (1) unlawful aggression (indispensable), (2) reasonable necessity of the means employed, and (3) lack of sufficient provocation from the defender.

Exempting circumstances (Art. 12): there is a crime, but no criminal liability because a requisite of voluntariness is missing; civil liability generally remains (except accident and lawful/insuperable causes). Includes insanity/imbecility, minority (see RA 9344), accident, irresistible force, uncontrollable fear, and lawful/insuperable cause.

Under RA 9344 (Juvenile Justice and Welfare Act), as amended by RA 10630: a child 15 years old or below at the time of the offense is exempt from criminal liability (subject to intervention). A child above 15 but below 18 is exempt unless he/she acted with discernment.

Mitigating circumstances (Art. 13): reduce the penalty. Examples: incomplete justifying/exempting circumstances, offender under 18 or over 70, no intention to commit so grave a wrong, sufficient provocation, immediate vindication of a grave offense, passion or obfuscation, voluntary surrender, and voluntary plea of guilt before the prosecution presents evidence.

Aggravating circumstances (Art. 14): increase the penalty. Examples: taking advantage of public position, contempt of/insult to public authorities, dwelling, nighttime/uninhabited place/band, recidivism, evident premeditation, treachery (alevosia), and cruelty. Types include generic, specific, qualifying, and inherent.

Alternative circumstances (Art. 15): may aggravate or mitigate depending on the case: relationship, intoxication, and degree of instruction/education.

Penalties (the basics)

Article 25 classifies penalties. Principal penalties by gravity:

• Capital: death (imposition prohibited by RA 9346).
• Afflictive: reclusion perpetua, reclusion temporal, prisión mayor, etc.
• Correctional: prisión correccional, arresto mayor, etc.
• Light: arresto menor, public censure.

Durations to memorize (Art. 27):

• Reclusion perpetua: 20 years and 1 day to 40 years.
• Reclusion temporal: 12 years and 1 day to 20 years.
• Prisión mayor / temporary disqualification: 6 years and 1 day to 12 years.
• Prisión correccional / suspension: 6 months and 1 day to 6 years.
• Arresto mayor: 1 month and 1 day to 6 months.
• Arresto menor: 1 day to 30 days.

Note: RA 10951 (2017) updated the amounts, values, and fines in the RPC (for example, the value brackets for theft and estafa), so penalties that depend on property values now follow RA 10951.

Worked example (Art. 64, divisible penalty): Take prisión mayor, 6 yrs & 1 day to 12 yrs, and divide the range into three equal periods:

• Minimum: 6 yrs & 1 day to 8 yrs.
• Medium: 8 yrs & 1 day to 10 yrs.
• Maximum: 10 yrs & 1 day to 12 yrs.

Rule: no modifying circumstances → medium period; one mitigating, no aggravating → minimum; one aggravating, no mitigating → maximum.

Quick self-check

1. What is the full statutory citation and effectivity date of the RPC? (Act No. 3815; took effect January 1, 1932.)
2. Which single element of self-defense is indispensable? (Unlawful aggression.)
3. A felony where the offender performs all acts of execution but the crime is not produced by causes independent of his will: which stage? (Frustrated.)
4. Under RA 9344 as amended, at what age is a child always exempt from criminal liability? (15 years old or below at the time of the offense.)