The Revised Penal Code (RPC) of the Philippines, enacted as Act No. 3815 on December 8, 1930 and effective January 1, 1932, remains the bedrock of substantive criminal law in the Philippine legal system. Articles 1 to 143 constitute the entire Preliminary Title and Book One, together with the first thirty (30) articles of Book Two — covering general principles, criminal liability, penalties, and the most politically sensitive crimes against national security, the fundamental laws of the State, and the initial offenses against public order and popular representation.
This commentary presents the complete substantive content of these provisions as they stand in November 2025, incorporating all major amendments (particularly RA 9346 abolishing the death penalty, RA 9344 as amended on juvenile justice, RA 10951 adjusting penalty values and classification, RA 10592 on good conduct time allowance, and relevant jurisprudence of the Supreme Court).
Preliminary Title
Article 1. Time when this Code takes effect.
This Code took effect on January 1, 1932.
Article 2. Application of its provisions.
The RPC applies:
(1) within Philippine territory (including atmosphere, interior waters, and maritime zone) — principle of territoriality;
(2) extraterritorially in five instances:
a. offenses committed aboard Philippine ships or airships;
b. forgery or counterfeiting of Philippine coins, currency, or government obligations/securities;
c. introduction of the foregoing forged instruments into the country;
d. public officers or employees committing offenses in the exercise of their functions (e.g., direct bribery committed abroad by a Philippine ambassador);
e. crimes against national security and the law of nations (Title One, Book Two).
Jurisprudence has consistently upheld strict territoriality except in these enumerated cases (People v. Wong Cheng, G.R. No. L-18924, 1922).
Book One
General Provisions on Crimes, Criminal Liability, and Penalties
(Articles 3–113)
Title I. Felonies and Circumstances Which Affect Criminal Liability
Article 3. Definition of felonies.
Felonies are acts or omissions punishable by the RPC, committed by dolo (malice/deceit) or culpa (fault).
- Dolo requires intelligence, freedom, and intent (animus lucrandi, animus occidendi, etc.).
- Culpa requires intelligence, freedom, and negligence or imprudence.
Distinction is crucial: good faith is a defense in crimes with dolo but not in culpable felonies or mala prohibita.
Article 4. Criminal liability.
Paragraph 1: “Praeter intentionem” — a person is still criminally liable even if the resulting wrong is different from what was intended (proximate cause theory: the felony committed must be the proximate result of the wrongful act).
Paragraph 2: Impossible crimes — punished with arresto mayor when the act performed would be a crime against persons or property but is inherently impossible or the means employed are inadequate/ineffectual. Rationale: criminal propensity.
Article 5. Duty of the court when the act is not punishable or penalty is excessive.
When the act is not punishable but should be repressed, the court must recommend repeal or new legislation. When the penalty is clearly excessive, the court must impose it but recommend executive clemency.
Article 6. Stages of execution.
Consummated — all elements executed.
Frustrated — all acts performed but no consummation due to causes independent of the will.
Attempted — overt acts begun but not continued due to spontaneous desistance or external prevention.
Subjective phase (from act with intent to objective impossibility) and objective phase (from preparation to consummation) are applied.
Article 7. Light felonies punishable only when consummated, except those against persons or property (e.g., attempted slight physical injuries is punishable).
Article 8. Conspiracy and proposal to commit felony.
Conspiracy and proposal are punishable only when the law specially provides (treason, coup d’état, rebellion, sedition, monopolies, etc.). Mere conspiracy to commit robbery is not punishable.
Article 9. Classification of felonies according to gravity (as amended by RA 10951, 2017).
Grave felonies — punishable by reclusion perpetua to reclusion temporal or fines exceeding ₱1,200,000.
Less grave felonies — punishable by prision mayor to arresto mayor or fines ₱40,000 to ₱1,200,000.
Light felonies — punishable by arresto menor or fine not exceeding ₱40,000 or both.
Article 10. Offenses not subject to the RPC.
Offenses under special laws are governed by their own provisions unless they expressly apply the RPC suppletorily.
Title II. Circumstances Which Affect Criminal Liability
Article 11. Justifying circumstances (no criminal nor civil liability):
- Lawful self-defense (unlawful aggression, reasonable necessity, lack of sufficient provocation).
- Defense of relatives.
- Defense of stranger.
- Avoidance of greater evil or injury (state of necessity).
- Fulfillment of duty or lawful exercise of right/office.
- Obedience to lawful order of superior.
Supreme Court has repeatedly held that unlawful aggression is sine qua non for self-defense (People v. Boholst-Caballero, G.R. No. L-23249, 1974).
Article 12. Exempting circumstances (no criminal liability; civil liability subsists except paras. 4 & 7):
- Imbecile or insane person (unless acting during lucid interval).
- Person under fifteen (15) years of age (as amended by RA 9344, as further amended by RA 10630 and the Juvenile Justice Act). Persons fifteen to eighteen years old are exempt if acting without discernment; otherwise, intervention measures apply.
- Accident without fault or intention.
- Act done under compulsion of irresistible force.
- Act done under impulse of uncontrollable fear of equal or greater injury.
- Insuperable or lawful cause preventing compliance with the law.
- (Originally for minors 9–15; now superseded by RA 9344).
Article 13. Mitigating circumstances (10 enumerated):
- Incomplete justifying/exempting circumstance.
- Offender under 18 or over 70 years old (privileged mitigating under RA 9344 for minors).
- Lack of intent to commit so grave a wrong.
- Sufficient provocation or threat immediately preceding the act.
- Immediate vindication of grave offense.
- Proximate passion or obfuscation.
- Voluntary surrender or confession of guilt.
- Physical defect restricting means of action/defense.
- Illness diminishing exercise of will-power without depriving consciousness.
- Analogous circumstances.
Article 14. Aggravating circumstances (21 enumerated, some amended):
Generic: 1, 2, 3, 4, 5, 6 (nighttime/uninhabited place/band), 7, 8, 9 (recidivism), 10 (reiteracion), 11, 12, 13, 14, 15, 17, 18, 19, 20, 21.
Qualifying: treachery (16), evident premeditation (13), abuse of superior strength (15), aid of armed men (8), etc.
Qualifying circumstances must be alleged in the Information (RA 7659 jurisprudence, now Rule 110, Revised Rules of Criminal Procedure).
Article 15. Alternative circumstances.
Relationship (taken as aggravating or mitigating depending on the crime), intoxication (mitigating if not habitual/intentional; aggravating if habitual/intentional), degree of instruction/per education (mitigating in crimes requiring low education; aggravating in estafa, etc.).
Title III. Persons Criminally Liable and Degrees of Participation
Article 16. Principals, accomplices, accessories.
Article 17. Principals: (1) by direct participation, (2) by inducement, (3) by indispensable cooperation.
Article 18. Accomplices: cooperate by previous/simultaneous acts (not indispensable).
Article 19. Accessories: (1) profiting, (2) concealing/destroying evidence, (3) harboring, concealing, or assisting escape (with knowledge of crime).
Article 20. Accessories exempt if offender is relative within enumerated degrees.
Title IV. Penalties
Principal penalties (as amended by RA 9346, 2006 — death penalty abolished):
Capital: (abolished)
Afflictive: reclusion perpetua, reclusion temporal
Correctional: prision mayor, prision correccional, arresto mayor, suspension, destierro
Light: arresto menor, public censure
Fines (adjusted by RA 10951).
Article 25. Penalties scale.
Article 27. Durations (reclusion perpetua: 20 years and 1 day to 40 years; parole eligibility after 30 years except in heinous crimes under RA 7659 where the Court may impose RP without parole).
Articles 28–45. Accessory penalties (perpetual/special absolute disqualification, civil interdiction, suspension, etc.).
Articles 46–61. Rules for application of penalties, complex crimes, plurality, graduated scales, Indeterminate Sentence Law application.
Article 64. Rules for aggravating/mitigating circumstances.
Article 71. Graduated scale of penalties (fundamental reference for applying Article 61 rules).
Articles 74–77. Fine rules, subsidiary penalty.
Articles 78–79. Prescription of penalties.
Title V. Extinction and Survival of Criminal and Civil Liability
Article 89. Total extinction: death of convict, service of sentence, amnesty, absolute pardon, prescription of crime, prescription of penalty, marriage (in adultery/concubinage).
Articles 90–93. Prescription periods (as amended by RA 10951):
- Reclusion perpetua crimes: 20 years
- Other afflictive penalties: 15 years
- Correctional penalties: 10 years
- Arresto mayor: 5 years
- Libel: 1 year
- Oral defamation/slander by deed: 6 months
- Light offenses: 2 months
Article 94–96. Computation and interruption.
Articles 97–99. Partial extinction: commutation, conditional pardon, parole, good conduct time allowance (RA 10592).
Articles 100–113. Civil liability: restitution, reparation, indemnification for consequential damages; subsidiary liability of innkeepers, employers (Art. 103); extinguishment of civil action only by express waiver, res judicata, or death of accused before final judgment if civil action not reserved.
Book Two
Crimes and Penalties
(Articles 114–143)
Title I. Crimes Against National Security and the Law of Nations
Chapter One: Treason and Espionage
Art. 114. Treason — committed in time of war by levying war or adhering to enemies, giving them aid or comfort. Mode: only by overt acts. Requires Philippine citizenship. Penalty: reclusion perpetua to death (now reclusion perpetua, RA 9346) and ₱100,000 fine.
Art. 115. Conspiracy and proposal to commit treason — reclusion temporal.
Art. 116. Misprision of treason — prision mayor (must not be relative within 2nd civil degree).
Art. 117. Espionage — two modes: (1) entering war installations, (2) obtaining confidential information to transmit to foreign power.
Chapter Two: Provoking War and Disloyalty in Case of War
Art. 118. Inciting to war or giving motives for reprisals.
Art. 119. Violation of neutrality.
Art. 120. Correspondence with hostile country.
Art. 121. Flight to enemy country.
Chapter Three: Piracy and Mutiny
Art. 122. Piracy in general and mutiny on the high seas or Philippine waters — reclusion perpetua to death (now reclusion perpetua).
Art. 123. Qualified piracy — mandatory reclusion perpetua (without parole if murder/rape/homicide results).
Title II. Crimes Against the Fundamental Laws of the State
Chapter One
Art. 124. Arbitrary detention (serious: >3 days).
Art. 125. Delay in delivery of detained persons (>36 hours for light penalties, etc.).
Art. 126. Delaying release.
Art. 127. Expulsion.
Art. 128. Violation of domicile.
Art. 129. Search warrants maliciously obtained or abuse in service.
Art. 130. Searching domicile without witnesses.
Art. 131. Prohibition, interruption, and dissolution of peaceful meetings.
Art. 132. Interruption of religious worship.
Art. 133. Offending religious feelings.
Title III. Crimes Against Public Order
Chapter One: Rebellion, Coup d’état, Sedition and Disloyalty
Art. 134. Rebellion or insurrection — rising publicly and taking arms against the Government for enumerated purposes (as amended by RA 6968 — membership in CPP/NPA now covered by RA 11479 Anti-Terrorism Act, but rebellion proper remains).
Art. 134-A. Coup d’état (added by E.O. 187, 1987) — swift attack against government facilities, etc., by military/police/national security members.
Art. 135. Penalties for rebellion, insurrection or coup d’état (leadership vs. participation; public officers aggravating).
Art. 136. Conspiracy and proposal to commit coup d’état, rebellion or insurrection.
Art. 137. Disloyalty of public officers or employees.
Art. 138. Inciting to rebellion or insurrection.
Art. 139. Sedition.
Art. 140. Penalty for sedition.
Art. 141. Conspiracy to commit sedition.
Art. 142. Inciting to sedition.
Chapter Two: Crimes Against Popular Representation
Art. 143. Acts tending to prevent the meeting of Congress and similar bodies — by force or fraud preventing the meeting of Congress or any provincial board or city/municipal council.
Art. 144. Disturbance of proceedings — interrupting or disturbing the proceedings of Congress or similar bodies.
Art. 145. Violation of parliamentary immunity — three modes: (1) using force/intimidation/threats to prevent a member from attending, expressing opinions, or voting; (2) arresting a member while Congress is in session (except in flagrante delicto for crime punishable by >6 years); (3) prosecuting a member without permission of the House.
Articles 1 to 143 of the Revised Penal Code constitute the entire foundational and political core of Philippine criminal law. They embody the principles of legality, territoriality, proportionality, and humanity that have guided Philippine criminal justice for nearly a century, as consistently interpreted and applied by the Supreme Court up to the present day.