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.

Outlines

00:00

📚 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.

05:05

📜 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.

10:06

⚖️ 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.

Keywords

💡Revised Penal Code (RPC)

The Revised Penal Code (RPC) is the primary law that outlines criminal offenses and their corresponding penalties in the Philippines. In the video, the speaker discusses the introduction and purpose of the RPC, which replaced the older Spanish Penal Code and became effective on January 1, 1932. The code serves as a comprehensive framework for criminal justice, with its two books covering the general principles of criminal liability and specific felonies.

💡Article 1

Article 1 of the Revised Penal Code refers to the date of its effectivity, stating that it became effective on January 1, 1932. The speaker emphasizes this article to introduce the discussion on when the code was enacted and what laws it replaced, such as the Spanish Penal Code of 1887.

💡Spanish Penal Code of 1887

The Spanish Penal Code of 1887 was the legal framework for criminal law in the Philippines prior to the adoption of the Revised Penal Code. The speaker notes that this older code was in force until December 31, 1931, after which the RPC took over. The reference to this code provides historical context for the development of the RPC.

💡Classical Theory

The Classical Theory in criminal law is based on the idea that humans have free will and are morally responsible for their actions. According to this theory, criminal liability arises from the ability to choose between good and evil, and punishment is meant to be retributive. The speaker mentions that the Revised Penal Code is primarily based on this theory, which stresses the relationship between crime and penalty.

💡Positivist Theory

The Positivist Theory contrasts with the Classical Theory by focusing on the idea that criminal behavior can result from social or psychological factors beyond an individual's control. In the video, the speaker discusses how this theory, which includes concepts like juvenile delinquency and the treatment of 'impossible crimes,' has influenced some parts of the RPC, although the code remains largely rooted in Classical Theory.

💡Felonies

Felonies are serious crimes punishable under the Revised Penal Code. The speaker mentions that Book Two of the RPC defines various felonies and their corresponding penalties. Felonies are categorized into different titles within the code, and their classification helps determine the severity of the punishment.

💡Book One and Book Two

The Revised Penal Code is divided into two main sections: Book One and Book Two. Book One covers the general principles of criminal liability and penalties, while Book Two focuses on defining specific felonies and their corresponding punishments. The speaker explains this structure to help viewers understand how the code is organized and what topics are covered in each section.

💡Committee on the Revision of the Penal Code

The Committee on the Revision of the Penal Code was tasked with revising the old penal code under Administrative Order No. 94 in 1927. The speaker mentions that this committee, composed of legal experts, was responsible for updating the penal code to reflect the changing legal and social conditions in the Philippines. Their work resulted in the creation of the Revised Penal Code, which incorporated elements from both the old code and more modern laws.

💡Retribution

Retribution is the concept of punishment as a form of moral vengeance or justice. In the Classical Theory, which underpins much of the Revised Penal Code, retribution is the primary purpose of penalties. The speaker explains that retribution in this context means that criminals are punished because they deserve it, and the punishment is proportional to the crime.

💡Criminal Liability

Criminal liability refers to the legal responsibility a person has when they commit a crime. In the Revised Penal Code, liability is based on the Classical Theory, which asserts that individuals have free will and are therefore responsible for their actions. The speaker discusses how this principle is fundamental to the structure of the RPC, particularly in Book One, which addresses the basic principles affecting 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