Act No. 3815
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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."
GENERAL PROVISIONS REGARDING THE DATE OF ENFORCEMENT AND APPLICATION OF THE
PROVISIONS OF THIS CODE, AND REGARDING THE OFFENSES, THE PERSONS LIABLE AND THE
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
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.
FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY
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
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
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.