Spanish terms removed, criminal liability age lowered in draft PHL criminal code

The revision of the 80-year-old Revised Penal Code has finally been completed after three years, and is now ready to be endorsed to Congress for passage into law.

Among the changes contained in the draft law are the removal of Spanish terms like reclusion perpetua, and the lowering of the age of criminal liability age from 15 to to 12 years old.

According to Justice Secretary Leila de Lima, the Criminal Code Committee (CCC), established in April 2011 to lead the revision, has just finished the last phase or Book 2 of the new Criminal Code on Crimes and Penalties.

In November 2012, the Department of Justice announced that the CCC completed Phase 1 or Book 1, which contains general principles applicable to the punishment of crimes.

"We responded to the call of the President to undertake a codification project and for the first time in our history, we have a draft criminal code developed by justice stakeholders that is reflective of our societal norms," de Lima said in a statement.

"We shall now endorse the final product to both the houses of Congress for their consideration to realize its passage as the new Criminal Code of the Philippines on or before 2016."

The CCC was tasked to review the Revised Penal Code — the country’s general criminal code — because some of its provisions stemmed from an “antiquated” general penal law enacted in 1932, when the country was still under American occupation .

The committee is composed of representatives from the Supreme Court, the Philippine National Police, the Department of Justice and its attached agencies: the National Bureau of Investigation, Bureau of Immigration, Public Attorney’s Office, Office of the Government Corporate Counsel, Office of the Solicitor General, Board of Pardons and Parole, and the Land Registration Authority.

Key features

The key features of Book 2 include:

• structure-based central themes with common features;
• rationalized penal provisions categorized into three major titles, namely, Crimes Against Persons, Crimes Against Property, and Crimes Against the State;
• modernization of archaic provisions by integrating and consolidating several penal laws which refers to the same criminal act;
• delisting of outdated penal provisions;
• inclusion of trans-border crimes; and
• conduct-based penal provisions

Under the new code, criminal offenses would be divided into six levels—Levels 1 to 5 plus the gravest, which is punishable by life imprisonment.

No Spanish names

Furthermore, each level will also no longer carry Spanish terms.

Lawyers and other legal professionals often had to go to the original Spanish text of Act No. 3815 (the Revised Penal Code) because it is the Spanish text and not the English translation that is followed, as most provisions were copied from the old Spanish Penal Code.

Under that policy, the stages in the commission of crimes would be simplified and there would no longer be a "frustrated" stage.

The CCC also proposed that criminal liability be lowered to 12 years old, from the current 15 years old.

Teenagers aged 12 and above would only get jail time if the crime committed falls under heinous crimes or under Level 5. If the crime committed is less grave, the offender would be subject to "community interventions" instead.

Under the proposed code, fines would also be based on a person's minimum daily wage and would be determined by the court.

DOJ Assistant Secretary Gerardo Sy said President Benigno Aquino III had the new criminal code endorsed to Congress and he should have the bill passed before the President's term ends in 2016. —KBK/YA, GMA News