1. What is the Philippine Code of Crimes?
The “Philippine Code of Crimes" refers to House Bill No. 2300 which was filed by Rep. Niel "Junjun" C. Tupas, Jr.of the 5th District of Iloilo with the House of Representatives on 6 August 2013. It seeks to replace the Revised Penal Code with a new set of rules that is more dynamic and attuned to current situations.
2. What is the DOJ Criminal Code Committee?
In line with His Excellency’s directive in 2010 to review existing laws to ensure consistency, the Department of Justice constituted the Criminal Code Committee (“CCC”). This inter-agency body’s mandate is to bring together criminal justice stakeholders to review all existing penal laws of the country and to draft a simple, modern, and organic Criminal Code of the Philippines.
The CCC, with support from the Hanns Seidel Foundation of Germany, is composed of representatives from the executive, legislative and judicial branches of government. Through regular meetings, consultations with stakeholders from various sectors, in-depth research and international exchanges, the CCC drew from best practices in the world and considers the precepts of the two great legal traditions – common law and civil law.
The proposed changes to the Revised Penal Code or H.B. 2300 is based on the results of the CCC report.
3. What brought about the proposed changes to the Revised Penal Code?
To resolve the following issues:
1. An antiquated Revised Penal Code passed way back in 1932 which has become unresponsive to current needs and which has failed to keep up with evolving progressive criminal justice principles through the years.
2. A body of criminal laws (consisting of the Revised Penal Code and its amendments; special penal laws; and general laws with penal provisions) that is unsystematic and incoherent, making it difficult to easily pinpoint the exact law/s applicable to a particular criminal behavior.
3. An archaic criminal law framework that does not take into account modern developments in criminal behavior like cybercrimes, transnational crimes and organized crimes.
4. What was the philosophy behind the changes?
- An Inclusive and consultative Code
- Multi-disciplinary and not narrowly legalistic or technical
- Systemic perspective; approaching issues from the point of view of all stakeholders of the criminal justice system
- “Tabula rasa” approach; not constrained by existing frameworks; adopting innovative solutions
5. What are the key features of this Bill?
1. Change to universal jurisdiction of crimes instead of the current jurisdiction based on territory, given the evolving nature of crime, specifically transnational organized crime:
There will be provisions allowing the State to prosecute crimes committed outside the Philippines if the said crimes are against national security, against Filipino citizens, or against humanity and the law of nations.
2. Simplifies the approach to criminalization based on conduct and not mental state;
3. Simplifies the categorization of crimes – there is no longer a frustrated stage of commission of crime or accomplices in the degree of participation:
There will be provisions classifying criminal participants as either “principals” or “accessories” (no more “accomplices”, because they can be prosecuted as principals based on the extent of their participation in the crime) and defining the stages of criminal execution as “consummated” and “attempted” (no more “frustrated”).
4. The minimum age of criminal liability is 13 years old – those between 13 and 18 are penalized depending on the nature of the crime but with suspended sentence and referral to diversionary programs;
5. There is no longer a splitting of criminal and civil actions – the civil remedy is always embedded in the criminal action;
6. The scale of principal, alternative and accessory penalties with the restorative justice measures are presented in one table with numeral levels rather than old Spanish or Latin terms for easy reference:
There will be a new scale of penalties composed of five “levels”, and a level for “life imprisonment”, aimed at simplifying the sentencing process. Using this new scale, crimes can be classified easily according to their gravity, along with the corresponding alternative/accessory penalties and post-sentencing measures applicable to each level.
7. The rule on double jeopardy has been rationalized to prevent abuses:
There will be a provision stating that an appeal from a judgment of dismissal or acquittal shall not be treated as a second jeopardy
8. Modifying circumstances are now generically aggravating, mitigating or alternative without need of specific characterization for purpose of trial:
There will be sections defining modifying circumstances in broad strokes (unlike in the present Revised Penal Code where each circumstance is enumerated) in order to give the judge more leeway in appreciating factors that would aggravate or mitigate a crime on a case-to-case basis.
9. The prescription of crime and service of sentence is now combined.
