CRIMINAL LAW: REVISED PENAL CODE – BOOK TWO
The Revised Penal Code (RPC) of the Philippines is divided into two books. Book Two covers Crimes and Penalties, enumerating specific offenses and their corresponding sanctions. Below is a detailed discussion of its provisions:
I. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS (Articles 114-123)
Treason (Art. 114):
- Committed by any Filipino who levies war against the Philippines or adheres to its enemies, giving them aid or comfort.
- Penalty: Reclusion perpetua to death.
- Two witnesses to the same overt act or a confession in open court is required.
Conspiracy and Proposal to Commit Treason (Art. 115):
- Penalty: Prision mayor and fine not exceeding ₱10,000.
Misprision of Treason (Art. 116):
- Failure by any citizen to report treason when he knows of its commission.
- Penalty: Prision correccional and fine not exceeding ₱5,000.
Espionage (Art. 117):
- Includes gathering or disclosing classified information prejudicial to national security.
- Penalty: Prision correccional to reclusion temporal.
**Other crimes in this chapter include piracy and mutiny on the high seas (Art. 122-123).
II. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE (Articles 124-133)
Arbitrary Detention (Art. 124):
- Detaining a person without legal grounds.
- Penalty: Varies depending on the duration of detention.
Delay in the Delivery of Detained Persons (Art. 125):
- Failure to deliver a detained person to proper judicial authorities within 12, 18, or 36 hours (depending on the offense's gravity).
- Penalty: Arresto mayor.
Violation of Domicile (Art. 128):
- Entering a dwelling against the will of the owner without a warrant.
- Penalty: Prision correccional.
**Other related crimes include:
- Search warrants maliciously obtained (Art. 129).
- Prohibition or interruption of peaceful meetings (Art. 131).
- Offending religious feelings (Art. 133).
III. CRIMES AGAINST PUBLIC ORDER (Articles 134-160)
Rebellion or Insurrection (Art. 134):
- Rising publicly and taking arms against the government.
- Penalty: Reclusion perpetua.
Coup d’état (Art. 134-A):
- Swift attack by civilians or military to seize power.
- Penalty: Reclusion perpetua.
Sedition (Art. 139):
- Committed by rising publicly and tumultuously to attain specific goals by force.
- Penalty: Prision mayor.
**Other crimes include illegal assemblies, direct assaults, and alarms and scandals.
IV. CRIMES AGAINST PUBLIC INTEREST (Articles 161-187)
Counterfeiting of Currency (Art. 161):
- Includes falsification or forging of Philippine currency.
- Penalty: Reclusion temporal.
Falsification of Documents (Art. 171):
- Includes public or private documents.
- Penalty: Prision correccional.
**Other crimes in this chapter include:
- Use of falsified documents (Art. 172).
- Estafa or swindling involving falsification (Art. 315).
V. CRIMES AGAINST PUBLIC MORALS (Articles 195-202)
Gambling and Betting (Art. 195):
- Includes illegal cockfights, jueteng, and other prohibited games.
- Penalty: Arresto mayor or fines.
Immoral Doctrines, Obscene Publications (Art. 201):
- Penalty: Prision correccional or fines.
VI. CRIMES AGAINST PERSONS (Articles 246-266)
Parricide (Art. 246):
- Killing a parent, spouse, or child.
- Penalty: Reclusion perpetua to death.
Murder (Art. 248):
- Killing with treachery, premeditation, or cruelty.
- Penalty: Reclusion perpetua to death.
Homicide (Art. 249):
- Killing without qualifying circumstances.
- Penalty: Reclusion temporal.
Physical Injuries (Art. 263):
- Serious, less serious, and slight physical injuries.
VII. CRIMES AGAINST PROPERTY (Articles 293-332)
Robbery (Art. 293):
- Taking property with violence or intimidation.
- Penalty: Varies by method and value.
Theft (Art. 308):
- Taking property without violence or intimidation.
- Penalty: Depends on the value stolen.
Arson (Art. 320):
- Burning property intentionally.
- Penalty: Reclusion temporal to reclusion perpetua.
VIII. CRIMES AGAINST CHASTITY (Articles 333-346)
Adultery (Art. 333):
- Committed by a married woman and her paramour.
- Penalty: Prision correccional.
Concubinage (Art. 334):
- A husband cohabiting with a mistress.
- Penalty: Prision correccional.
Acts of Lasciviousness (Art. 336):
- Lewd acts without the element of rape.
- Penalty: Prision correccional.
IX. CRIMES AGAINST CIVIL STATUS OF PERSONS (Articles 347-352)
Simulation of Births (Art. 347):
- Penalty: Prision mayor.
Usurpation of Civil Status (Art. 348):
- Penalty: Prision mayor.
X. CRIMES AGAINST HONOR (Articles 353-362)
Libel (Art. 353):
- Public and malicious imputation of a crime or defect.
- Penalty: Prision correccional or fine.
Slander (Art. 358):
- Oral defamation.
- Penalty: Arresto mayor or fine.
XI. CRIMES AGAINST PUBLIC OFFICERS (Articles 204-245)
Direct Bribery (Art. 210):
- A public officer receiving gifts for an act.
- Penalty: Prision correccional to prision mayor.
Indirect Bribery (Art. 211):
- Public officer accepting gifts offered by reason of office.
- Penalty: Prision correccional.
**Other crimes include malversation of public funds (Art. 217) and dereliction of duty (Art. 208).
XII. CRIMES AGAINST PUBLIC ORDER AND SAFETY (Articles 327-366)
- Includes destructive arson, illegal possession of firearms, and reckless imprudence.
General Principles in Applying Book Two of the RPC
Mitigating and Aggravating Circumstances (Arts. 13-15):
- Factors affecting the penalty imposed.
Complex Crimes (Art. 48):
- Single act constituting two or more crimes.
Prescriptive Periods (Art. 90):
- Felonies prescribe within specific periods depending on their gravity.
This comprehensive structure ensures fair and equitable application of criminal justice in the Philippines. Specific interpretations depend on jurisprudence and statutory amendments.