Philippine Penal Laws Overview - Cheat sheet
Your last-minute revision companion for mastering Philippine Penal Laws essential for BJMP entrance examinations
Revised Penal Code (RPC) Fundamentals
Important facts
- RPC has two books: Book One (general principles) and Book Two (specific crimes)
- Based on Spanish Penal Code but amended many times since 1930
- Still the principal criminal code of the Philippines today
- Elements of crime: actus reus, mens rea, concurrence, causation
Key definitions
Revised Penal Code
Example
Book One covers general principles, Book Two covers specific crimes
Act No. 3815 of 1930, the principal criminal code of the Philippines based on Spanish Penal Code
Actus Reus
Example
Physical act of taking someone else's property in theft
The criminal act or wrongful conduct that constitutes a crime
Mens Rea
Example
Intent to kill in murder cases
Criminal intent or the mental state required to commit a crime
Diagrams to know
- RPC structure diagram showing Book One and Book Two divisions
- Elements of crime interconnection diagram
Classification of Crimes and Stages
Important facts
- Three stages of execution: consummated, frustrated, attempted
- Classification affects penalty severity
- Light felonies cannot be frustrated, only consummated or attempted
- Grave felonies have the heaviest penalties
Key definitions
Grave Felonies
Example
Murder, rape, robbery with violence
Crimes punishable by capital or afflictive penalties
Less Grave Felonies
Example
Theft, estafa, physical injuries
Crimes punishable by correctional penalties
Light Felonies
Example
Slight physical injuries, malicious mischief
Crimes punishable by arresto menor or fine
Consummated Crime
Example
Theft when property is taken and possessed by the thief
Crime that has been completed with all elements present
Frustrated Crime
Example
Shooting with intent to kill but victim survives
All acts of execution done but desired result not achieved
Attempted Crime
Example
Pointing gun at victim but unable to fire
Commenced execution but not all acts performed
Diagrams to know
- Crime classification pyramid from light to grave
- Stages of execution flowchart
Major Crime Categories
Important facts
- Crimes against persons include parricide, murder, homicide, physical injuries
- Crimes against property include robbery, theft, estafa, arson
- Crimes against public order include treason, rebellion, sedition
- Rape is now governed by R.A. 8353 (Anti-Rape Law of 1997)
- Arson is governed by P.D. 1613
Key definitions
Parricide
Example
Husband killing his wife
Killing of father, mother, child, or spouse
Murder
Example
Killing someone while they sleep (treachery)
Unlawful killing with qualifying circumstances like treachery or premeditation
Homicide
Example
Killing in the heat of passion without treachery
Unlawful killing without qualifying circumstances
Robbery
Example
Taking money at gunpoint
Taking personal property with violence or intimidation
Theft
Example
Taking someone's wallet without them knowing
Taking personal property without violence or consent
Estafa
Example
Taking money with promise to invest but keeping it
Swindling or defrauding another through deceit
Diagrams to know
- Crime categories tree showing major classifications
- Comparison chart of parricide vs murder vs homicide
Modifying Circumstances
Important facts
- Justifying and exempting circumstances eliminate criminal liability completely
- Mitigating circumstances only reduce penalty
- Aggravating circumstances increase penalty
- Some circumstances are alternative (can be mitigating or aggravating)
- Qualifying circumstances change the name of the crime
Key definitions
Justifying Circumstances
Example
Self-defense, defense of relatives, fulfillment of duty
Circumstances that completely eliminate criminal liability
Exempting Circumstances
Example
Insanity, minority under 15, accident without fault
Circumstances that exempt the accused from criminal liability
Mitigating Circumstances
Example
Voluntary surrender, passion and obfuscation, voluntary plea of guilty
Circumstances that reduce the penalty but do not eliminate liability
Aggravating Circumstances
Example
Recidivism, dwelling, nighttime, treachery
Circumstances that increase the penalty
Diagrams to know
- Modifying circumstances classification chart
- Effect of circumstances on criminal liability flowchart
Penalties System
Common values
Value
20 years 1 day to 40 years
Symbol
RP
Quantity
Reclusion Perpetua
Value
12 years 1 day to 20 years
Symbol
RT
Quantity
Reclusion Temporal
Value
6 years 1 day to 12 years
Symbol
PM
Quantity
Prision Mayor
Value
1 day to 30 days
Symbol
AM
Quantity
Arresto Menor
Important facts
- Capital penalty (death) currently abolished since 2006
- Afflictive penalties: reclusion perpetua, reclusion temporal, prision mayor
- Correctional penalties: prision correccional, arresto mayor
- Light penalties: arresto menor (1 day to 30 days)
- Accessory penalties include civil interdiction and suspension of rights
Key definitions
Reclusion Perpetua
Example
Penalty for murder
20 years and 1 day to 40 years imprisonment
Reclusion Temporal
Example
Penalty for homicide
12 years and 1 day to 20 years imprisonment
Prision Mayor
Example
Penalty for serious physical injuries
6 years and 1 day to 12 years imprisonment
Prision Correccional
Example
Penalty for theft
6 months and 1 day to 6 years imprisonment
Diagrams to know
- Penalty classification pyramid from light to capital
- Penalty duration timeline
Special Penal Laws
Common values
Value
15 years old
Symbol
MACR
Quantity
Minimum age of criminal responsibility
Value
16 years old
Symbol
AOC
Quantity
Age of sexual consent
Value
50 million pesos
Symbol
₱50M
Quantity
Plunder threshold
Important facts
- R.A. 9165 establishes PDEA and mandates drug testing
- R.A. 10591 regulates firearms and ammunition
- R.A. 10175 covers cybercrime prevention
- R.A. 11313 is the Safe Spaces Act (Bawal Bastos)
- R.A. 11479 is the Anti-Terrorism Act of 2020
- Age of sexual consent raised to 16 by R.A. 11648
Key definitions
R.A. 9165
Example
Penalizes possession, sale, manufacture of illegal drugs
Comprehensive Dangerous Drugs Act of 2002
R.A. 9262
Example
Defines physical, psychological, sexual, economic abuse
Anti-Violence Against Women and Their Children Act of 2004
R.A. 9344
Example
Children below 15 exempt from criminal liability
Juvenile Justice and Welfare Act of 2006
R.A. 9745
Example
No exception for torture, critical for BJMP officers
Anti-Torture Act of 2009
Diagrams to know
- Timeline of major special penal laws
- Special laws categorization by subject matter
Criminal Procedure and Court System
Important facts
- Court hierarchy: Supreme Court, Court of Appeals, RTC, MTC
- Sandiganbayan handles anti-graft cases for public officials
- Bail allowed for all except capital offenses with strong evidence of guilt
- Criminal procedure: investigation → filing → preliminary investigation → arraignment → trial
- Both criminal and civil liability arise from crimes
Key definitions
Preliminary Investigation
Example
Prosecutor reviews evidence before filing charges
Inquiry to determine if probable cause exists to file information in court
Arraignment
Example
Accused pleads guilty or not guilty
Formal reading of charges where accused enters plea
Bail
Example
Cash or property bond to ensure appearance in court
Security for temporary release from custody pending trial
Diagrams to know
- Court system hierarchy pyramid
- Criminal procedure flowchart from investigation to judgment
Important Laws and Reforms
Important facts
- Indeterminate Sentence Law (Act No. 4103) promotes rehabilitation
- Probation Law (P.D. 968) allows community service
- GCTA (R.A. 10592) subject to ongoing reforms
- Diversion programs for juveniles preferred over detention
- Plea bargaining allowed with court approval
Key definitions
Indeterminate Sentence Law
Example
6 months and 1 day to 2 years and 4 months
Court imposes minimum and maximum sentence range for rehabilitation
Probation Law
Example
First-time offender serves probation instead of imprisonment
Allows serving sentence in community under supervision
GCTA
Example
Early release for model prisoners
Good Conduct Time Allowance reduces sentence for good behavior
Diagrams to know
- Sentencing options flowchart
- Reform measures timeline
Must remember
- RPC (Act No. 3815 of 1930) is the principal criminal code with Book One (principles) and Book Two (crimes)
- Crime elements: actus reus, mens rea, concurrence, causation - ALL must be present
- Three stages of execution: attempted, frustrated, consummated - affects penalty
- Justifying and exempting circumstances eliminate liability; mitigating reduces penalty; aggravating increases penalty
- Penalty classifications: Capital (abolished), Afflictive, Correctional, Light
- Children below 15 are exempt from criminal liability (R.A. 9344)
- R.A. 9745 (Anti-Torture Act) - NO exceptions, critical for BJMP officers
- R.A. 9165 (Dangerous Drugs Act) - life imprisonment possible, PDEA enforcement
- Court hierarchy: Supreme Court → Court of Appeals → RTC → MTC
- GCTA, probation, and indeterminate sentence promote rehabilitation
Last minute tips
- Focus on the differences between parricide, murder, and homicide - victim relationship and qualifying circumstances
- Memorize the age limits: below 15 (exempt), 15-18 with discernment (liable), sexual consent at 16
- Remember R.A. numbers: 9165 (drugs), 9262 (VAWC), 9344 (juvenile), 9745 (torture)
- For modifying circumstances, think: justifying/exempting = NO liability, mitigating/aggravating = penalty change only
- BJMP officers must know Anti-Torture Act (R.A. 9745) - it's specifically mentioned as critical for jail officers
Comparison tables
Parricide vs Murder vs Homicide
| Crime | Victim | Qualifying Circumstances | Penalty |
|---|---|---|---|
| Parricide | Father, mother, child, spouse | Family relationship | Reclusion Perpetua to Death |
| Murder | Any person | Treachery, premeditation, etc. | Reclusion Perpetua to Death |
| Homicide | Any person | None | Reclusion Temporal |
Modifying Circumstances Effects
| Type | Effect on Liability | Effect on Penalty | Examples |
|---|---|---|---|
| Justifying | Eliminates | No penalty | Self-defense, duty |
| Exempting | Eliminates | No penalty | Insanity, minority |
| Mitigating | Remains | Reduces | Voluntary surrender |
| Aggravating | Remains | Increases | Recidivism, dwelling |
Robbery vs Theft vs Estafa
| Crime | Violence/Intimidation | Deceit | Key Element |
|---|---|---|---|
| Robbery | Yes | No | Force or intimidation |
| Theft | No | No | Taking without consent |
| Estafa | No | Yes | Fraud or deceit |
Diagrams
Philippine Penal Laws Structure Overview
Comprehensive overview of Philippine penal law structure showing RPC, special laws, and court system relationships
Criminal Case Process Flow
Step-by-step flow of criminal cases from investigation to final judgment showing all major procedural stages
Major Crime Categories Distribution in BJMP Facilities
Typical distribution of crime types in BJMP facilities showing drug offenses as the largest category
Key Philippine Penal Law Milestones
Timeline showing evolution of Philippine penal laws from RPC to modern special legislation