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1st SONA on 26 July 2010, President Benigno
S. Aquino III directed the recodification of
laws to ensure consistency
DOJ created the CCC through Dept. Circular
No. 19 dated 20 April 2011
Experts Group was convened to serve as the
CCC’s working group
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Senate
House of Representatives
Supreme Court
Sandiganbayan
Philippine Judicial Academy
Philippine Judges Association
Integrated Bar of the Philippines
Philippine Bar Association
Philippine National Police
Chief Prosecutors Association
Regional Prosecutors Council
Philippine Association of Law Schools
Transparency International
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National Bureau of Investigation
Bureau of Immigration
Board of Pardons and Parole
Bureau of Corrections
Parole and Probation Administration
Land Registration Administration
Public Attorney’s Office
Office of the Solicitor General
Office of the Government Corporate Counsel
Presidential Commission on Good Government
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Simple, modern, organic, truly Filipino Criminal Code
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Inclusive, consultative and democratic
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Multi-disciplinary and not narrowly legalistic
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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
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Inventory of all penal laws
◦ 180 special penal laws
◦ 141 general laws with penal provisions
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Experts Group Meetings (EGMs), presentations
and special lectures, writeshops
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Legislators Forum (28 July 2011) led by Senate
President Enrile and Rep. Tupas
Presentation before legal experts (23 September
2011) composed of Supreme Court, Court of Appeals,
Sandiganbayan justices and trial court judges;
criminal law experts from the academe and private
practitioners
Presentation before the Chief Prosecutors of Metro
Manila (07 October 2011)
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Focus Group Discussions
Law Enforcement Sector (26 August 2011)
Corrections Sector (09 September 2011)
Women and Children Sector (23 September 2011)
Investigators, Prosecutors and Defenders (11 November
2011)
◦ Business Sector (20 January 2012)
◦ Media Sector (26 April 2012)
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Exchange and Study Program to Berlin, Germany
(October 22-29, 2011); follow-up program on August
2012.
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1st National Criminal Justice Summit
(December 5-6, 2011)
Nationwide public fora and roadshows
throughout 2012
◦ 1st - Legazpi, Albay (May 25, 2012)
◦ 2nd – Cebu City (July 6, 2012)
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1932 Revised Penal Code, as amended
Importance of Context
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Passed during the American occupation
Revision of Spanish Penal Code 1886-1930
Academic writing
No longer relevant
Changing moral concepts, constitutional
provisions, scientific and technical reforms
Spanish Penal Code
German Criminal Code
•Codigo Penal
•Codigo Penal
•Codigo Penal
•Codigo Penal
•Codigo Penal
1963 y 1973
•Codigo Penal
•1871
•200+ amendments
•Commentaries in 30
volumes
de
de
de
de
de
1822
1848
1928
1932
1944,
de 1995
1. Definition of terms
2. Universal jurisdiction instead of
territorial
3. Conduct-based approach to
criminalization
4. Simplified categorization of
crimes – no more frustrated stage,
accomplices
5. Minimum age of criminal
responsibility is 12 years old
[with reservations from the
Secretary of Justice]
6. Criminal liability of corporations
7. Consolidated criminal and civil
actions
8. Tabular scale of principal,
alternative and accessory penalties,
restorative justice measures
Level
Principal Penalty/Term
Alternative Penalties
Fine
Life Imprisonment
Not less than 30 years and not more than 40
years, with or without parole
+ Fine equivalent to 500 to 1000 times (in
multiples of one hundred) the average daily
income
None
Accessory Penalties
None
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more than 20 years to 30 years
+ Fine equivalent to 100 to 500 times (in
multiples of one hundred) the average daily
income
Level 4
more than 10 years to 20 years
+ Fine equivalent to 10 to 100 times (in multiples
of ten) the average daily income
Level 3
more than five years t0 10 years
+ Fine equivalent to 10 to 50 times (in multiples
of ten) the average daily income
Level 2
more than one year to five years
+ Fine equivalent to 10 to 20 times (in multiples
of five) the average daily income
50 to 100 times (in
multiples of ten) the
average daily income
or 5 to 10 times the
value of the property,
whichever is higher
more than 10 days to 1 year + Fine equivalent to
1 to 10 times the average daily income
or Fine only
10 to 50 times (in
multiples of ten) the
average daily income
or 1 to 5 times the
value of the property,
whichever is higher
Level 1
Post-Sentencing
Measures
Prescription
Community
Service
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Level 5
Subsidiary
Imprisonment
Disqualification or
suspension
Suspension of right
of suffrage
Civil interdiction
Forfeiture of
Benefits
Confiscation and
Forfeiture of
Proceeds and
Instruments of the
Crime
Six months to one year
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Executive
Clemency
Imprescriptible
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Executive
Clemency
Parole
25 years
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15 years
10 years
Three months to six
months
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Community service
Disqualification or
suspension
Confiscation and
Forfeiture of
Proceeds and
Instruments of the
Crime
One month to three
months
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Up to 1 month
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Executive
Clemency
Parole
Probation
with
communit
y service
5 years
Executive
Clemency
Probation
1 year
9. Rationalized rule on double
jeopardy
10. Generic modifying
circumstances
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Presentation of New Criminal Code-Book 1
to stakeholders
Drafting of Book 2 to commence on 01 July
2012
Implementation Plan
◦ Submission to the President for certification as
priority legislation
◦ Passage into law on or before 2016
Implementation Plan – Cabinet Cluster
 support the implementation strategy of the
New Criminal Code
 endorse Book 1’s certification as priority
legislation for possible passage into law in
2013