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AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS. Preliminary Article - This law shall be known as "The Revised Penal Code." BOOK ONE GENERAL PROVISIONS REGARDING THE DATE OF ENFORCEMENT AND APPLICATION OF THE PROVISIONS OF THIS CODE, AND REGARDING THE OFFENSES, THE PERSONS LIABLE AND THE PENALTIES. Preliminary Title
- Criminal Laws in The Philippines – A Hybrid System
- General Types of Criminal Laws in The Philippines in Terms of Penalties
- Spanish Nomenclature Still Used in Revised Penal Code
- The Term “imprisonment” Adopted in Special Penal Laws
- “imprisonment” Versus “Arresto”, “Prision” and Others of Spanish Nomenclature
- Penalties Under The Revised Penal Code
- Determining The Imposable Penalty
- About Nicolas and de Vega Law Offices
The Philippines is a hybrid legal system from many perspectives. Laws and rules of procedure in courts draw their inspiration, to a significant extent, from existing laws and rules of procedure in other countries. Obviously, there is no need to reinvent the wheel. However, the adoption of laws in various countries, which are in themselves governed ...
One such source of confusion is how penalties are named and enforced. In the Philippines, penal or criminal laws in general, can be segregated in to two (2) types, those punished under the Revised Penal Code, and those punished under special penal laws. The Revised Penal Code of the Philippines supplanted the 1870 Spanish Codigo Penal. To be sure, ...
One noticeable distinction between the two (2) classes of penal legislation, is their description of penalties. You will notice that in the Revised Penal Code, the law still makes use of penalties in the Spanish language, i.e., arresto mayor, prision correccional, destierro, etc.. For example, the penalty for Bigamy, under Article 349 of the Revise...
On the other hand, the penalties defined under special penal laws make use of the word “imprisonment”, and drops the use of penalties in the Spanish language. One example is the Republic Act No. 10173 also known as the Data Privacy Act of 2012, which defines the crime of Unauthorized Disclosure and penalizes the act as follows: Section 32. Unauthor...
Obviously, when the law uses the word “imprisonment” instead of “arresto mayor” and the like, the tenor of the imposable penalty is clear. However, this is not to say that the use of Spanish penalties in Philippine criminal laws are antiquated and should be discontinued. On the contrary, the use of Spanish penalties actually makes the application o...
Considering that the Philippine justice system revolves around the system of penalties in the Spanish language, it may be insightful to refer to these penalties, as provided in the actual legal provision: Article 76. Legal period of duration of divisible penalties. – The legal period of duration of divisible penalties shall be considered as divided...
Another example is Article 365 of the Revised Penal Code which defines the crime of Criminal Negligence, as follows: Article 365. Imprudence and negligence. – Any person who, by reckless imprudence, shall commit any act which, had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its maximum period t...
If you need assistance in civil or other criminal law-related issues, we can help you. Nicolas and de Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +6...
ACT NO. 3815. AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS. PRELIMINARY ARTICLE. This law shall be known as “The Revised Penal Code.”. BOOK ONE. General Provisions Regarding the Date of Enforcement and Application of the Provisions of this Code, and Regarding the Offenses, the Persons Liable and the Penalties. PRELIMINARY TITLE.
Apr 1, 2024 · Topic: Criminal Liability and Penalties in Philippine Law Criminal liability in the Philippines encompasses the legal responsibility of individuals found guilty of committing crimes as defined by law. The Revised Penal Code (Act No. 3815, as amended) is the primary statute outlining criminal offenses, their corresponding penalties, and the conditions that may mitigate or aggravate these penalties.
Nov 23, 2023 · Classification of penalties, A25-26 Revised Penal Code. Updated on November 23, 2023. 1. Concept. a. Legal basis. Article 25. Penalties which may be imposed. - The penalties which may be imposed according to this Code, and their different classes, are those included in the following:
1. When the penalty prescribed for the felony is single and indivisible, the penalty next lower in degrees shall be that immediately following that indivisible penalty in the respective graduated scale prescribed in Article 71 of this Code. chanrobles virtual law library. 2.
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Penalties under the Revised Penal Code are generally divided into three periods – the minimum period, the medium period, and the maximum period. In addition to establishing the elements of the crime, the prosecution may also establish the presence of aggravating circumstances in order to set the penalty at the maximum period, or mitigating circumstances to reduce the penalty to its minimum ...
