Revised Penal Code - Article 1 (Date of Effectiveness)

Summary

The 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.