Article 5Act No. 3815, Sec./Art. 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 any act 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.

In the same way the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

Act No. 3815

(December 8, 1930)

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 Date Of Effectiveness And

Application Of The Provisions Of This Code

Article 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 presiding 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 LIABILITY

Chapter One FELONIES

Article 3. Definitions. - Acts and omissions punishable by

law are felonies (delitos).

Felonies are committed not only be 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 different from 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

an

account of the employment of inadequate or ineffectual

means.

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 any act 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 legislation.

In the same way, the court shall submit to the Chief

Executive,

through

the

Department of Justice, such

statement

as

may

be

deemed

proper,

without

suspending the execution of the sentence, when a strict

enforcement of the provisions of this Code would result in

the imposition of a clearly excessive penalty, taking into

consideration the degree of malice and the injury caused

by the offense.

Article

6. Consummated, frustrated, and attempted

felonies. - Consummated felonies as well as those which

are frustrated and attempted, are punishable.

A

felony

is

consummated

when

all

the

elements

necessary for its execution and accomplishment are

present; and 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 over acts, and does not

perform all the acts of execution which should produce

the felony by reason of some cause or accident other

than this own spontaneous desistance.

Article 7. When light felonies are punishable. - Light

felonies

are

punishable

only

when

they have been

consummated, with the exception of those committed

against person or property.

Article 8. Conspiracy and proposal to commit felony. -

Conspiracy and proposal to commit felony are punishable

only in the cases in which the law specially provides a

penalty therefor.

A conspiracy exists when two or more persons come to

an agreement concerning the commission of a felony

and decide to commit it.

There is proposal when the person who has decided to

commit a felony proposes its execution to some other

person or persons.

Article 9. Grave felonies, less grave felonies and light

felonies. - Grave felonies are those to which the law

attaches the capital punishment or penalties which in

any of their periods are afflictive, in accordance with

Article 25 of this Code.

Less grave felonies are those which the law punishes with

penalties

which

in

their

maximum

period

are

correctional, in accordance with the abovementioned

article

Light

felonies

are

those

infractions

of

law

for

the

commission of which the penalty of arresto menor or a

fine not exceeding Forty thousand pesos (P40,000) or

both is provided.

(as amended by Republic Act No. 10951, [August 29, 2017])

Article 10. Offenses not subject to the provisions of this

Code. - Offenses which are or in the future may be

punishable under special laws are not subject to the

provisions of this Code. This Code shall be supplementary

to such laws, unless the latter should specially provide the

contrary.

© Compiled By RGL

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