Revised Penal Code - Article 1 (Date of Effectiveness)
Summary
TLDRThe video discusses Article 1 of the Revised Penal Code (RPC) of the Philippines, highlighting its date of effectivity, January 1, 1932. The speaker references key sources like Judge Brillante and Luis B. Reyes, touching on the history and structure of the RPC. The speaker contrasts two major theories in criminal law: the Classical School, which emphasizes free will and retribution, and the Positivist School, focusing on social and natural causes of crime. The video also touches on the codification process and history leading up to the enactment of the RPC.
Takeaways
- 📜 The video continues the discussion on the Revised Penal Code (RPC), focusing on Article 1.
- 📅 Article 1 of the RPC states that the code took effect on January 1, 1932.
- 📖 Before the RPC, criminal acts were primarily governed by the Spanish Penal Code of 1887, supplemented by other penal laws until December 31, 1931.
- 📚 The RPC consists of two books: Book 1 covers basic principles affecting criminal liability (Articles 1-113), while Book 2 defines felonies and their corresponding penalties (Articles 114-365).
- 👥 The committee that revised the old penal code was formed in 1927 by the Department of Justice, leading to the creation of the RPC.
- 📚 The RPC does not represent the latest developments in criminal science, retaining many principles from the old penal code.
- 🏛️ The RPC is mainly based on the principles of the Classical School of criminal law, focusing on free will and retribution.
- ⚖️ The Classical Theory emphasizes criminal liability based on human free will and sees punishment as retribution for the crime.
- 🧠 The Positivist Theory, on the other hand, considers crime as a social and natural phenomenon, focusing on individual circumstances and treatment rather than fixed penalties.
- 🔍 The video ends by summarizing that Article 1 of the RPC emphasizes the code's effectivity date, which is January 1, 1932.
Q & A
What does Article 1 of the Revised Penal Code (RPC) state?
-Article 1 of the Revised Penal Code states that the code took effect on the first day of January, 1932.
What was the main law governing criminal acts before the enactment of the Revised Penal Code?
-Before the enactment of the Revised Penal Code, criminal acts were mainly punished by the Spanish Penal Code of 1887, which was supplemented by related penal laws.
What is the structure of the Revised Penal Code?
-The Revised Penal Code consists of two books. Book 1 covers Articles 1 to 113 and is divided into two parts: basic principles affecting criminal liability (Articles 1-20) and provisions on penalties, including criminal and civil liability (Articles 21-113). Book 2 defines felonies with corresponding penalties under 14 different titles (Articles 114-365).
Why is it called the 'Revised Penal Code'?
-It is called the 'Revised Penal Code' because a committee created by Administrative Order No. 94 of the Department of Justice in 1927 was tasked with revising the old penal code, taking into consideration existing conditions, special penal laws, and Supreme Court rulings.
When did the old penal code, which was revised to form the Revised Penal Code, take effect?
-The old penal code took effect in the Philippines on July 14, 1887, and remained in force until December 31, 1931.
What are the two main theories in criminal law according to the video?
-The two main theories in criminal law are the Classical Theory and the Positivist Theory.
What is the basis of criminal liability under the Classical Theory?
-Under the Classical Theory, the basis of criminal liability is human free will, and the purpose of the penalty is retribution or punishment.
How does the Positivist Theory view crime and punishment?
-The Positivist Theory views crime as a social and natural phenomenon, which cannot be addressed solely by abstract legal principles or fixed punishments. Instead, it requires individualized measures based on personal investigations conducted by psychiatrists and social scientists.
What are some characteristics of the Classical Theory?
-Key characteristics of the Classical Theory include: 1) criminal liability is based on human free will, 2) emphasis is placed on the act and its effects rather than the criminal, 3) there is a direct proportion between crime and penalty, and 4) limited consideration is given to the human element.
What is the purpose of discussing Article 1 of the Revised Penal Code in the video?
-The purpose of discussing Article 1 is to explain the date of effectivity of the Revised Penal Code, as well as provide historical context and an overview of the structure of the code.
Outlines
📚 Introduction to the Revised Penal Code and Article 1 Overview
The speaker welcomes viewers back to the channel and provides a brief introduction. They recap their previous discussion on the revised penal code and outline that this video will focus on Article 1 of the Revised Penal Code (RPC). The speaker also offers a disclaimer regarding potential grammatical errors. The content of Article 1 is then introduced, which concerns the date when the code takes effect. According to Article 1, the code took effect on January 1, 1932. Prior to the revised code, the criminal laws were based on the Spanish Penal Code of 1887, which remained in force until December 21, 1931. The speaker briefly mentions that the revised penal code is split into two books, the first focusing on basic principles of criminal liability and penalties, and the second covering felonies and their corresponding penalties.
📜 History and Evolution of the Penal Code in the Philippines
This section covers the history of the Penal Code, particularly its revision into what is known as the Revised Penal Code. The speaker explains that a committee, established by Administrative Order No. 94 in 1927, was tasked with revising the old Penal Code to reflect the current conditions and legal rulings of the time. The revised code did not fully codify all penal laws but included relevant legal updates. The revised code, referred to as Act No. 3815, replaced the old Penal Code, which had been in effect since July 14, 1887. This historical transition highlights the legal shifts in the Philippines' penal system leading up to the adoption of the revised code in 1932.
⚖️ Key Principles of Criminal Law: Classical vs. Positivist Theories
The speaker shifts focus to the principles behind the Revised Penal Code, explaining that it is primarily based on the Classical School of thought. This theory posits that criminal liability is derived from an individual's free will, and punishment serves as retribution. The Classical School also emphasizes the importance of the act's outcome over the individual's circumstances. The speaker contrasts this with the Positivist School, which views crime as a social and natural phenomenon, with offenders occasionally acting against their will. This school promotes a more individualized approach to punishment, incorporating insights from psychiatry and social sciences. The section highlights the ongoing influence of both theories in shaping criminal law.
🗓️ Summary of Article 1 and Conclusion
The final section revisits the core message of Article 1, reiterating that the Revised Penal Code officially took effect on January 1, 1932. The speaker briefly wraps up the discussion, noting that this marks the conclusion of their explanation of Article 1 and the key elements of the revised code. They remind viewers of the importance of the article in establishing the code's effectivity and provide a succinct conclusion to the video.
Mindmap
Keywords
💡Revised Penal Code (RPC)
💡Article 1
💡Spanish Penal Code of 1887
💡Classical Theory
💡Positivist Theory
💡Felonies
💡Book One and Book Two
💡Committee on the Revision of the Penal Code
💡Retribution
💡Criminal Liability
Highlights
Introduction to the revised Penal Code (RPC) and Article 1.
Mentions Judge Brillante and Luis B. Reyes as references.
Explanation of Article 1 which discusses the date of effectivity of the Penal Code (January 1, 1932).
Overview of the Spanish Penal Code of 1887, which was replaced by the RPC.
Book 1 of the RPC covers Articles 1 to 113, including principles affecting criminal liability and penalties.
Book 2 of the RPC defines felonies and their penalties, classified under 14 titles (Articles 114 to 365).
History of the RPC: the old Penal Code in effect from 1887 to 1931 was revised.
The committee responsible for revising the old Penal Code was created by Administrative Order No. 94 in 1927.
Explanation that the revised Penal Code did not codify all penal laws but revised the old code and added related laws.
Case example of 'US vs. Tampering' used to trace the history of the old Penal Code.
The revised Penal Code was approved on December 8, 1930, and took effect on January 1, 1932.
Introduction to the principles behind the revised Penal Code, based on the Classical School of thought.
Difference between the Classical School and Positivist Theory in criminal law.
Classical Theory emphasizes human free will, moral accountability, and proportional punishment for crimes.
Positivist Theory focuses on crime as a social and natural phenomenon, advocating individualized punishment based on personal circumstances.
Transcripts
so hello welcome back to my channels on
my previous video I'm already done
discussing the introduction of revised
panel code and now for this video we are
going to talk about article 1 of the RPC
and by the way please excuse me for any
grammatical errors on my videos or
mispronunciation of some of my English
words because nobody's perfect Megabass
she so without further ado let's start
our discussion so article one really it
it really talks about ah by the way I am
I am using the same reference for this
video so the book of judge brillante and
the book of Louise B Reyes so article
one just talks about the date of
effectiveness of the code so I'm going
to read it so article one time when app
takes effect so this code shall take
effect on the first day of January
nineteen hundred and thirty two so
that's all for article one so prior to
the enactment of the revised panel code
act number three eight one five criminal
apps were punished mainly by the Spanish
panel code of 1887 which was
supplemented by related panel laws so
this were in force of up to December 21
1931 so so basically their advice the
advice panel code consists of two books
so the first book is from article one to
article 113 so the the book one has two
parts so the first one is the basic
principles affecting criminal liability
and this is article 1 to 20
and then the second one is the
predictions on penalties including
criminal and civil liability this would
be an article 21 and up to article 113
and for the book two it defines felonies
with with the corresponding penalties
classified and group under fourteen
different titles so this is under
Articles 114 - article 365 so there I
think there is nothing to be discussed
on this article so we're just going to
discuss about the history of the revised
panel cause I'm just going to read the
book of Lewis B Reyes for this
discussion it's not actually a
discussion this is just a reading of the
book the back so the history of Rabbis
panel code so this code is called device
panel code because the committee which
was created by administrative order
number 94 of the Department of Justice
dated October 18 1927 composed of a
neglected ayahs as chairman and King Tim
Paredes Guillermo Guevara Alex Reyes and
myrrh and Mariano HD the Hoya as members
was instructed to revise the old panel
code taking into consideration the
existing conditions and special panel
laws and the rulings laid down by the
Supreme Court so the committee did not
undertake the codification of all panel
laws in the Philippines what the
committee did was merely to revise the
old panel code and to include in the
draft the other panel loss
related to it so that's why it's called
the revised panel code at number two
eight one five us and then ten so the
RPC does not embody the latest progress
of criminal science as the result of the
application of advanced and radical
theories still remain to be seen so the
old panel code which was revised by the
committee committee took effect in the
Philippines on July 14 1887 and was in
force up to December 31 1931 so let's
take an example of the case of us versus
tampering so the Supreme Court traced
the history of the old panel code as
follows the royal order dated December
17 1886 directed the execution of the
royal decree of September 4 1884 were in
it was ordered that the panel code
enforce in the peninsula as amended in
accordance with the recommendation of
the code committee be published and
applied in the Philippine Islands so
this law having been published in the
Official Gazette of Manila on March 13
and 14 1887 became effective four months
thereafter so the revised panel code as
enacted by the Philippine legislature
was approved on December 8 1930 it took
effect on January 1 1932 so felonies and
misdemeanors misdemeanors I don't know
how to pronounce it so felonies and
misdemeanors committed prior to January
1 1932 were punished in accordance with
the code or apps in force at the time of
their Commission as the
directed by article 366 of the revised
battle code so that's all for the
history of the rebuy spiral code now
let's talk about the basis on the
principle of the revised panel code so
the revised panel code is based mainly
on principles of the Classical School
so the RPC continues like the old panel
code to be based on the principle of the
old order classical school although some
predictions of eminently positivistic
tendency those having reference to the
punishment of impossible crimes juvenile
delinquency etc were incorporated in the
present code so there are basically two
theories in criminal law so I already
discussed this on my previous video so
the one that is classical theory and the
positivism theory but I will discuss it
here because I think I missed some
points on my previous discussion so so
again the two theories in criminal law
includes the classical theory and they
positive positive a story so I already
give the overview of that theories let's
let us proceed to its characteristic so
the first one is the characteristic of
the classical theory so number one so in
classical theory so the basis of
criminal liability is the human free
will or the freedom oh yeah the freedom
of a person
yeah the freedom of an individual and
the purpose of the penalty is
retribution retribution again it means
punishment and the number two that man
is essentially a moral creature with an
absurd
the free will to choose between good and
evil thereby placing more stress upon
the effect or result of the felonious
shock that upon the man the criminal
himself and then number three it has in
this world to stablish a mechanical and
direct proportion between crime and
penalty and that the last one is that
there is a scant regard to the human
element now let's proceed to the
characteristic of the positivist theory
so number one is that that man is
subdued occasionally by a strange and
morbid phenomenon which constrains him
to do wrong in spite of or contrary to
his volition and the number two that
crime is essentially a social and
natural phenomenon and as such it cannot
be treated and checked by the
application of abstract principles of
law and jurisprudence nor by the
imposition of a punishment fixed and
determine a priori but rather through
the enforcement of individual measures
in which particular case after a
thorough personal and individual
investigation conducted by a competent
body of psychiatrist and social
scientists so I think that would be all
for article one so again article one
stresses the effectivity of the revised
panel code so the revised panel code
takes effect on the first day of January
19 1932 so that ends my discussion
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