159266161-Revise-Penal-Code-Book-1.docx - ACT No 3815 THE REVISED PENAL CODE(as amended AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS Preliminary

159266161-Revise-Penal-Code-Book-1.docx - ACT No 3815 THE...

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ACT No. 3815THE REVISED PENAL CODE (as amended)AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWSPreliminary Article.- This law shall be known as "The Revised Penal Code."BOOK ONEGeneral Provisions Regarding the Date of Enforcement and Application of the Provisionsof this Code, and Regarding the Offenses, the Persons Liable and the Penalties.PRELIMINARY TITLEDate of Effectiveness and Application of the Provisions of this CodeArticle 1.Time when Act takes effect. -This Code shall take effect on the first day of January, nineteen hundred and thirty-two. Article 2.Application of its provisions. -Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who: 1. Should commit an offense while on a Philippine ship or airship; 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code. TITLE ONE Felonies and Circumstances which Affect Criminal LiabilityCHAPTER ONE FeloniesArticle 3.Definition. -Acts and omissions punishable by law are felonies (delitos).Felonies are committed not only by means of deceit (dolo)but also by means of fault (culpa).There is deceit when the act is performed with deliberate intent; and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. Article 4.Criminal liability. -Criminal liability shall be incurred: 1. By any person committing a felony (delito)although the wrongful act done be differentfrom that which he intended. 2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account ofthe employment of inadequate or ineffectual means.
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Article 5.Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties. -Whenever a court has knowledge of anyact which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of penal legislation.
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