CRIMINAL LAW 2

ATTY. OSCAR
ELISCOPIDEZ VALERO
REVISED PENAL CODE
ACT NO. 3815 (PASSED:
DECEMBER 8, 1930)
EFFECTIVITY:
JANUARY 1, 1932
While the Revised Penal Code took effect on
January 1, 1932, it was enacted on December
8, 1930 and signed the same day.
LAWS AMENDING OR
REPEALING
PROVISIONS OF THE
RPC
 ART. 39 OF THE RPC (ORIGINAL VERSION)

• "Art. 39. Subsidiary penalty. If the convict has no property

with which to meet the fine mentioned in paragraph 3 of the
next preceding article, he shall be subject to a subsidiary
personal liability at the rate of one day for TWO PESOS AND
FIFTY CENTAVOS (Php2.50)
• REPUBLIC ACT NO. 5465: April 21,1969
• AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815 (REVISED PENAL CODE)
INCREASING THE RATE PER DAY OF SUBSIDIARY PENALTY FROM TWO
PESOS AND FIFTY CENTAVOS TO EIGHT PESOS.

• "Art. 39. Subsidiary penalty. If the convict has no property with which to meet the fine mentioned
in paragraph 3 of the next preceding article, he shall be subject to a subsidiary personal liability at
the rate of one day for each EIGHT PESOS (Php8.00)…
• RA 10159 : Approved: April 10, 2012

• AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815, AS AMENDED,

OTHERWISE KNOWN AS THE REVISED PENAL CODE

• "Art. 39. Subsidiary Penalty. – If the convict has no property with which to meet the fine
mentioned in paragraph 3 of the next preceding article, he shall be subject to a subsidiary personal
liability at the rate of one day for each amount equivalent to the highest minimum wage rate
prevailing in the Philippines at the time of the rendition of judgment of conviction by the trial
court, subject to the following rules:
ARTICLE 155. ALARMS AND SCANDALS.

• -The penalty of arresto menor or a fine not

exceeding P200 pesos shall be imposed upon:
• 1.xxx
• 2.xxx
CRIMECOMM IMPOSABLE SUNSIDIARY SUNSIDIA SUNSIDIAR
I TTED FINE IMPRISONMEN RY Y
T IMPRISON IMPRISONM
MENT ENT
RA 3815 RA 10159
RA 5465

ALARM 200 2.50 8.00 MINIMU

AND M WAGE
SCANDA (500)
L
NO. OF DAYS
OF 80 DAYS 25 ------------
SUBSIDIARY
IMPRISONME DAYS
NT
 RA 10951

• Duterte approves heavier fines for crimes

• Sep 01, 2017 - 10:31 AM
• The President signs into law amendments to the Revised
Penal Code which impose heavier fines for crimes and
higher values for property used as basis for penalties
 [ REPUBLIC ACT NO. 10951, AUGUST 29, 2017 ]

AN ACT ADJUSTING THE AMOUNT OR THE VALUE OF PROPERTY AND DAMAGE ON

WHICH A PENALTY IS BASED, AND THE FINES IMPOSED UNDER THE REVISED
PENAL CODE, AMENDING FOR THE PURPOSE ACT NO. 3815, OTHERWISE KNOWN AS
"THE REVISED PENAL CODE", AS AMENDED
Example;
• "ART. 155. Alarms and scandals.- The penalty of arresto menor or a fine not exceeding
Forty thousand pesos (P40, 000) shall be imposed upon:
CRIMECOMMI IMPOSABLE SUNSIDIARY SUNSIDIARY SUNSIDIARY
IMPRISONMENT IMPRISONMEN IMPRISONMENT
TTED FINE T RA 10159

RA 3118 RA 5465

ALA M 200 2.50 8.00 MINIMUM

R WAGE (500)
ANDNDA 80 DAYS 25 DAYS ---------------
SCA
L RA 10591
NO. OF DAYS OF
40,000.00 SUBSIDIARY 80 DAYS
IMPRISONMENT
 EFFECTS OF RA NO. 10951 TO THE REVISED
PENAL CODE
• In the 2014 case of Lito Corpuz versus People of the Philippines, G.R. No.
180016, 29 April 2014, the Supreme Court turned the spotlight on the
perceived injustice brought about by the range of penalties that the courts
continue to impose on crimes committed today, based on the amount of
damage measured by the value of money eighty years ago. As shown in the
explanatory note of Senate Bill No. 14 that became RA No. 10951, the
Corpuz case was used as a basis of adjusting the amount involved, value of
the property or damage on which the penalty is based and the fine under the
Revised Penal Code.
 1. TIMES 200 FORMULA -
• The minimum wage rate on January 1, 1932, the date of effectivity of the Revised Penal
Code is two pesos and fifty centavos (P2.50). However, in 2017, the year when RA No.
10951 was enacted, the minimum wage rate reached more than five hundred pesos
(P500.00). In sum, the minimum wage in 2017 is two hundred (200) fold higher than in
1932. Hence, RA No. 10951 has adjusted the amount involved, value of the property or
damage on which the penalty is based and the fine under the Revised Penal Code by
multiplying them by 200.
• For example, light penalty of fine under Article 26 of the Revised Penal Code is less
P200.00. RA No. 10951 adjusted this amount by multiplying P200.00 by 200. The
product of this multiplication is P40,000.00. Hence, light penalty of fine under Article 26
of the Revised Penal Code as amended by RA No. 10951 is less P40,000.00.
2. PROSPECTIVE AND RETROACTIVE EFFECT -

• In addition to imprisonment, treason is punished Article 114 of the

Revised Penal Code by a fine of not exceeding P20,000. RA No.
10951 has adjusted this amount by multiplying P20,000 by 200. The
product of this multiplication is P4,000,000. Thus, the penalty of fine
for treason under Article 114 of the Revised Penal Code as amended
by RA No. 10951 is P4,000,000. Since this increased amount of fine is
not favorable to the accused, RA No. 10951 must be given a
prospective effect.
PROSPECTIVE AND RETROACTIVE EFFECT

• Under Article 217 of the Revised Penal Code, the penalty for malversation involving the
amount of more than P22,000 is reclusion temporal in its maximum period to reclusion
perpetua. RA No. 10951 has adjusted this amount by multiplying P22,000 by 200. The
product of this multiplication is 4,400,000. Thus, the penalty for malversation under
Article 217 of the Revised Penal Code as amended by RA No. 10951 involving the
amount of more than P4,400,000 is reclusion temporal in its maximum period to
reclusion perpetua. Since this rule increasing the amount as a basis of imposing a graver
penalty is favorable to the accused, RA No. 10951 must be given a retroactive effect.
2. TIMES 100 FORMULA

• It applies to the value of property upon which

the penalty is based.

Example:
Theft: 12,000.00 (100) = Php1,2000,000.00
RAPE

• Republic Act (RA) 8353, otherwise known as the Anti-Rape Law of 1997,
expanded the definition of the crime of rape in the Revised Penal Code
(RPC) and reclassified it as a crime against persons instead of as a crime
against chastity.
• As a crime against persons, the law no longer considers rape as a private
crime.
• Thus, anyone who knows of the crime may file a case on the victim’s behalf,
and prosecution may continue even if the victim decides to forgive the
offender and/or decide not to pursue the complaint.
RA 8353: APPROVED: SEPTEMBER 30, 1997.

There are two kinds of rape:

• rape through sexual intercourse and
• rape through sexual assault.
In both crimes, the sexual intercourse or sexual assault is made without
consent of the victim.
• Sexual consent of a child under 12 years of age, demented person or
person deprived of reason is not recognized by the law.
 RAPE THROUGH SEXUAL INTERCOURSE,

• which is commonly denominated as “organ rape” or “penile rape”,

is committed by a man by having carnal knowledge with a woman.
• Rape through sexual intercourse is not a gender-free crime.
• The offender in this crime must be a man, while the victim must be
a woman.
 THREE KINDS OF RAPE BY SEXUAL ASSAULT

• (1) instrument or object rape, which is committed by inserting an instrument or object

into the genital or anal orifice of another person;
• (2) rape through oral intercourse, which is committed by inserting his penis into
another person’s mouth; and
• (3) rape through sodomy, which is committed by inserting his penis into another
person’s anal orifice.
• In rape through sexual assault, the gender of the offender and the victim is not
material. That is why this crime is called “gender-free rape.”
RAPING A TRANSGENDER

• Having sexual intercourse through force with a gay, who underwent gender reassignment, is
not rape through sexual intercourse since the victim is not a woman.
• Female gender of the victim is an element of this crime.
• Neither instrument or object rape is committed since the offender used his penis, and not an
instrument or object, in committing the crime, and the opening made through surgery to
resemble the appearance of a vagina is not within the contemplation of the words “genital or
anal orifice”.
• Nor rape through oral intercourse or sodomy is committed because such surgical orifice is
not a mouth or anal orifice. Hence, the crime committed is acts of lasciviousness
PEOPLE VS. VICTORINO REYES (G.R. NO. 173307 JULY
17, 2013)
• FACTS:
• At around 7:00 p.m., AAA and her 9-year-old sister, BBB, had watched television at his house just
across the street from their house. Only Reyes and his two sons, aged seven and five, were the
other persons in the house, for his wife had gone to another barangay to sell refreshments. By 9:00
p.m., AAA and BBB rose to go home, but as they were leaving, Reyes suddenly pulled AAA into
the store attached to the sala of his house. He told her in the dialect: Umaykan ta agiyyot ta. (Come
here and let us have sex). Alarmed by what his words denoted, AAA struggled to free herself from
him. BBB went to her succor by pulling her away from him, but his superior strength prevailed.
BBB could only cry as he dragged AAA into the store. BBB was left outside the store crying.
• Inside the store, Reyes kissed AAA and mashed her breasts. He threatened her: If you will shout, I
will kill you. He pulled down her long pants and panties below her knees, took out his penis,
grabbed her by the waist, and used his body to anchor her back to a nearby table. She fought back
by boxing and pushing him away, but her efforts were futile. He twice tried to pry open her legs,
but she strained hard to close them. On the second attempt, however, her effort was not enough to
prevent him from pulling her legs apart, and he then thrust his penis into her vagina and made push
and pull movements. Although his penis achieved only a slight penetration of her vagina, he
succeeded in satisfying his lust, as confirmed later on when CCC, the mother of the victim, found
semen on AAA’s panties.
 HELD:
• As the text of the law itself shows, the breaking of the hymen of the victim is not among the means of
consummating rape. All that the law required is that the accused had carnal knowledge of a woman under the
circumstances described in the law. By definition, carnal knowledge was "the act of a man having sexual
bodily connections with a woman." This understanding of rape explains why the slightest penetration of the
female genitalia consummates the crime.
• More specifically, the presence of the swelling in AAA’s labia majora was an indication of the penetration by
the erect penis of the labia majora of the accused. As such, there was sufficient factual foundation for finding
him guilty beyond reasonable doubt of rape, for, as the Court explains in People v. Teodoro.
• THERES IS NO CRIME OF FRUSTRATED RAPE;

• ONLY FRUSTRATED RAPIST

PEOPLE VS CAMPUHAN (GR NO. 129433, MARCH 30,
2000)
That on May 27, 1997, Primo Campuhan was convicted guilty of statutory rape and sentenced by
the court a quo to the extreme penalty of death.
• The conviction was based on the statements of Ma. Corazon Pamintuan, the mother of the victim
Chrystel, saying that on April 25, 1996, she found the accused kneeling down on his 4-year old
daughter with his pants down and “forcing his penis into Chrystel’s vagina”. However, the accused
kept his innocence and contested that Pamintuan’s statements were not credible for the latter has ill
will against him.
R ULING
• The records reviewed failed to show the proof whether Primo’s penis was able to penetrate
:Chrystel’s vagina. Failure to prove such penetration, even the slightest one, cannot be considered
consummated rape, however, only attempted rape, if not acts of lasciviousness.
• Also, there were no physical signs of injuries on the witness’ body to conclude a medical
perspective that a penetration has taken place. In rape cases, it is important that a valid testimony
and medical certificate complements each other, for relying alone on testimonial evidence may
create unwarranted or mischievous results. It is necessary to carefully establish a proof that the
penis, in reality, entered the labial threshold of the demale organ to accurately conclude that the
rape was consummated.
• The decision of the court on convicting Campuhan guilty of statutory rape is MODIFIED. Hence,
convicted of ATTEMPTED RAPE instead.
•“There was only a shelling of
the castle but no bombardment
of the draw bridge yet”
[ REPUBLIC ACT NO. 11648,
APPROVED: MARCH 04, 2022 ]

• RA 11648, an act providing for stronger protection

against rape and sexual exploitation and abuse,
amended RA 8353 of 1997 by raising the age of
sexual consent from 12 to 16 years to further shield
minors from rape and other acts of sexual abuse.
SECTION 1. ARTICLE 266-A (1)(D) OF ACT NO. 3815, OTHERWISE KNOWN
AS "THE REVISED PENAL CODE," AS AMENDED BY REPUBLIC ACT NO.
8353 KNOWN AS "THE ANTI-RAPE LAW OF 1997," IS HEREBY FURTHER
AMENDED TO READ AS FOLLOWS

• "Article 266-A. Rape; When and How Committed. - Rape is committed:

• "1) By a person who shall have carnal knowledge of another person under any of the following
circumstances:
• OLD:

"1) By a man who shall have carnal knowledge of a

womanunder any of the following circumstances:
 PEOPLE VS. VICTOR BORMEO, G.R. NO. 91734. MARCH 30,
1993.
• CRIMINAL LAW; STATUTORY RAPE; CARNAL KNOWLEDGE, DEFINED. — Carnal knowledge
has been defined as the act of a man having sexual bodily connections with a woman; sexual
intercourse. An essential ingredient thereof is the penetration of the female sexual organ by the sexual
organ of the male. In cases of rape, however, mere proof of the entrance of the male organ into the
labia of the pudendum or lips of the female organ is sufficient to constitute a basis for conviction. In
this jurisdiction, when a man has carnal knowledge of a woman who is under twelve (12) years of age,
as in the case of Raylin, statutory rape is committed. Punished under the Revised Penal Code, its
elements are: 1) that the offender had carnal knowledge of a woman and (2) that such act is committed
when the victim is under twelve (12) years of age
CARNAL KNOWLEDGE DEFINITION & LEGAL MEANING

• Definition & Citations:

• The act of a man in having sexual bodily connection with a woman. Carnal knowledge
and sexual intercourse held equivalent expressions. Noble v. State, 22 Ohio St. 541.
From very early times, in the law, as in common speech, the meaning of the words
“carnal knowledge” of a woman by a man has been sexual bodily connection ; and these
words, without more, have been used in that sense by writers of the highest authority on
criminal law, when undertaking to give a full and precise definition of the crime of rape,
the highest crime of this character. Com. v. Squires, 97 Mass. 61.
MERIAM WEBSTER ONLINE

• carnal knowledge
• noun
• car·nal knowledge ˈkär-nəl-
• : an act of especially illegal sexual intercourse whoever has carnal knowledge of a
female forcibly and against her will—District of Columbia Code Annotated
• also : the crime of committing such an actwas charged with carnal knowledge of a juvenile
12TH (NOW 16TH) BIRTH DAY

• If a virgin is abducted with lewd designed by her boyfriend with her consent on her 12th birthday, there is
doubt whether the crime committed is forcible abduction or consented abduction.
• In Article 342 of the Revised Penal Code, the consenting victim in forcible abduction must be under 12
years of age.
• In Article 343 of the Code, the victim in consented abduction must above 12 years of age. Since the
woman is exactly 12 years of age when the abduction was committed, she is neither under nor above 12
years of age.
• Settled is the rule in case of doubt, the accused should be convicted of the lesser crime. Since the penalty
for consented abduction is lighter than that for forcible abduction, the accused should be held liable for
former. The phrase “above twelve (12) years of age” should be interpret as “twelve 12 years of age and
above”.
CARNAPPING UNDER REPUBLIC ACT NO.
10883

• Republic Act No. 10883, or otherwise

known as the New Anti-Carnapping Act of
2016 (RA 10883) is a law which punishes
carnapping in the Philippines.
 AS DEFINED UNDER THIS LAW, MOTOR VEHICLE REFERS TO ANY
VEHICLE PROPELLED BY ANY POWER OTHER THAN MUSCULAR
POWER USING THE PUBLIC HIGHWAYS.

• Note that the following are not embraced in the definition of a motor vehicle under the law and thus
cannot be the subject of carnapping, to wit:
• road rollers, trolley cars, street sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts,
amphibian trucks, and cranes if not used on public highways;
• vehicles which run only on rails or tracks; and
• tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes
• RA 10883 punishes the crime of carnapping which refers to the taking, with intent to gain,
of a motor vehicle belonging to another without the latter’s consent (in the form of
QUALIFIED THEFT)

• or by means of violence against or intimidation of persons, or by using force upon things

(in the form of Robbery)
 PEOPLE OF THE PHILIPPINES VS. GARCIA
AND BERNABE, G.R. NO. 138470, 1 APRIL 2003

• The Supreme Court has ruled in the case of People of the

Philippines vs. Garcia and Bernabe , G.R. No. 138470, 1 April
2003, that it does not matter if the person from whom the motor
vehicle was taken is not the owner thereof. What is simply
required is that the property taken does not belong to the
offender.
PENALTY FOR CARNAPPING

• When the carnapping is committed without violence against or intimidation of persons, or force upon
things, the imprisonment shall be for a period not less than twenty (20) years and one (1) day but not
more than thirty (30) years.
• When the carnapping is committed by means of violence against or intimidation of persons, or force
upon things, the imprisonment shall be for a period not less than thirty (30) years and one (1) day but
not more than forty (40) years
• Take note that when the owner, driver, or occupant of the carnapped motor vehicle is killed or raped in
the commission of the carnapping, the penalty of life imprisonment shall be imposed.
 IS CARNAPPING BAILABLE?

• The right to bail can be availed of provided the evidence of guilt is not strong. Bail shall be denied
when the evidence of guilt is strong in the following instances:
• when charged with carnapping;
• when the crime of carnapping is committed by criminal groups, gangs or syndicates
• when carnapping is committed by means of violence or intimidation of any person or persons or
forced upon things
• when the owner, driver, passenger or occupant of the carnapped vehicle is killed or raped in the
course of the carnapping.
THERE IS NO SUCH THING AS
ATTEMPTED CARNAPPING
• In July 17, 2016, RA No. 10883, which repealed RA No. 6539, was enacted. Carnapping is
now punishable under this new law. RA No. 10883 has not adopted the technical
nomenclature of the penalties of the Revised Penal Code whether the crime is simple
carnapping or carnapping with homicide or rape. In other words, this law sponsored by
Senator Grace Poe has adopted the American penal system.
• Since RA No. 10883 did not borrow the penalties from the Revised Penal Code, Article 6 in
relation to Article 51 of the Code on attempted felony cannot be applied for carnapping. Thus,
the crime of carnapping has no attempted stage. In sum, if an incident similar of the Del la
Cruz case happens, the offender should be prosecuted and convicted of the crime of “attempted
qualified theft.”
CRIMES COVERED BY RECTIFICATION
OF SIMULATED BIRTH (RA 11222:FEB. 21,
2019)
• Simulation of birth is committed by any person who shall simulate birth for another.
(Article 347)
• Simulation of birth is the tampering of the civil registry making it appear in the birth
records that a certain child was born to a person who is not his/her biological mother,
causing such child to lose his/her true identity and status. (Section 3 of R.A. No. 8552 or
the Domestic Adoption Law; Section 3 of RA No. 11222) Any person who shall cause the
fictitious registration of the birth of a child under the name of a person who is not his/her
biological parent shall be guilty of simulation of birth under Section 21 (b) of R.A. No.
8552 or under Article 347 of the Revised Penal Code.
COMPLEX CONCEPT OF SIMULATION OF BIRTH
• Physician or surgeon who, in violation of the duties of his profession, shall cooperate in the
execution of simulation of births is liable under Article 347 of the Revised Penal Code.
• If the birth of the child is simulated by the doctor for the purpose of selling, trading or dealing
with the child, the crime committed is attempted child trafficking or attempted trafficking in
person.
• Simulation of birth of a child by a doctor, nurse, hospital or clinic employee or midwife for the
purpose of child trafficking is constitutive of the crime of attempted child trafficking under Section
8 of RA No. 7610.
• Simulating a birth for the purpose of selling the child is attempted trafficking in person under
Section 4-A of RA No. 9208 as amended by RA No. 10364.
COMPLEX CONCEPT OF SIMULATION OF BIRTH
• If after the simulation of birth, the child is delivered to the buyer or child trafficker, the crime
committed is child trafficking.
• Engaging in trading and dealing with children such as buying and selling or barter is constitutive
of the crime of child trafficking under Section 7 of RA No. 7610.
• If the trafficker bought the child, whose birth was simulated, for prostitution, pornography, slaver,
force labor, or removal of organ, the crime committed is qualified trafficking in person.
• Transfer by giving or receiving of payments or benefits to achieve the consent of a person having
control over another person for the purpose of exploitation constitutes trafficking in person under
Section 4 in relation to Section 3 of RA No. 9208.
• The fact that the trafficked person is a child is a qualifying circumstance under Section 6 thereof.
 RECTIFICATION
• Under Section 4 of RA No. 11222, the person, who simulated birth certificate, can rectified it by filing a
petition for adoption with an application for the rectification of the simulated birth record within ten (10)
years from the effectivity of this law. Adoption is allowed even if the person to be adopted is already an
adult. The person, who simulated the birth of a child, and those who cooperated in the execution of such
simulation, shall not be criminally, civilly, or administratively liable for such act subject to the following
conditions:
• 1. The simulation of birth happens prior to the effectivity of RA No. 11222;
• 2. The simulation of birth was made for the best interest of the child;
• 3. The child has been consistently considered and treated by such person or persons as her, his, or their
own daughter or son;
 RECTIFICATION
• Upon consummation of the crime of simulation of birth, the
responsible persons immediately incur criminal liability.
• However, such criminal liability shall be extinguished by
rectification of the birth record though adoption under RA
No. 11222.
• In sum, rectification of birth record is a new mode of
extinguishing criminal liability arising from simulation
of birth.
THE CRIME OF LIBEL
WHAT IS CYBER LIBEL LAW?

• Defamation by electronic means

• Under Article 20 of the Cyber Crime Law it is an offence to insult others or have
attributed to them an incident that may make them subject to punishment or contempt by
others using a computer network or any information technology means.
 ACT NO. 10175

• The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. 10175, is
a law in the Philippines approved on September 12, 2012. ... Among
the cybercrime offenses included in the bill are cybersquatting, cybersex, child
pornography, identity theft, illegal access to data and libel.
 LIBEL UNDER THE 1930S REVISED PENAL CODE
(RPC) PRESCRIBES ONLY IN 1 YEAR, MEANING,
YOU CAN BE SUED FOR LIBEL ONLY WITHIN A
YEAR OF
PUBLICATION
•.The disputed Rappler article was published May 2012,
which means complainant Wilfredo Keng had the right to
sue only until May 2013.
• After Rappler corrected a typo in the story in February
2014, Keng then had the chance to sue until February
2015.
•But Keng filed the complaint only in
October 2017.
•The cybercrime law was silent on the
prescription period of cyber libel.
• To be able to charge Ressa and Santos, the DOJ
found the pre-war Act 3326 , which lays out a
general rule of prescription periods for special
laws like the cybercrime law.
• Libel under RPC is punishable by up to 6
years, but the cybercrime law imposed a
penalty one degree higher, which raised
cyber libel's penalty to up to 12 years.

• Act 3326 says that if special laws have

penalties exceeding 6 years, crimes
prescribe in 12 years.
CYBER LIBEL

• Supreme Court Ruling

• On February 18, 2014, The Supreme Court ruled the online libel provision of the act to
be constitutional, although it struck down other provisions, including the ones that
violated the provisions on double jeopardy.
HEINOUS CRIMINAL IS ENTITLED TO GOOD
CONDUCT ALLOWANCE
• RA No. 10952 amended Article 29 of the Revised Penal Code on credit of preventive
imprisonment and Article 97 on good conduct allowance. Portion of Article 29 provides:
• “Provided, finally, That recidivists, habitual delinquents, escapees and persons charged
with heinous crimes are excluded from the coverage of this Act.”
• This afore-quoted proviso is found in Article 29. Hence, this proviso on exclusion of heinous
crimes merely qualifies the provision under Article 29 on good conduct allowance pertaining
to preventive imprisonment, and not Article 97 on good conduct allowance on the
imprisonment by final judgement. In sum, one, who committed a heinous crime, is not entitled
to the good conduct allowance on the preventive imprisonment under Article 29; but he is still
entitled to good conduct allowance on imprisonment by final judgment under Article 97.
REPUBLIC ACT NO. 10655
JULY 28, 2014
• AN ACT REPEALING THE CRIME OF PREMATURE MARRIAGE UNDER
ARTICLE 351 OF ACT NO. 3815, OTHERWISE KNOWN AS THE REVISED
PENAL CODE
REPUBLIC ACT NO. 10158 MARCH 27, 2012

• AN ACT DECRIMINALIZING VAGRANCY, AMENDING FOR THIS

PURPOSE ARTICLE 202 OF ACT NO. 3815, AS AMENDED, OTHERWISE
KNOWN AS THE REVISED PENAL CODE
 REPUBLIC ACT 11862: EXPANDED ANTI-
TRAFFICKING IN PERSONS ACT OF 2022

• SEC. 21. Repealing Clause. –

Article 202 of the Revised Penal
Code, as amended by Republic Act
No. 10158, is deemed repealed XXX
ARTICLE 202. VAGRANTS AND PROSTITUTES;
PENALTY. - THE FOLLOWING ARE VAGRANTS:
1. Any person having no apparent means of subsistence, who has the physical ability
to work and who neglects to apply himself or herself to some lawful calling;

2. Any person found loitering about public or semi-public buildings or places or

trampling or wandering about the country or the streets without visible means of support;

3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps
and those who habitually associate with prostitutes;

4. Any person who, not being included in the provisions of other articles of this Code,
shall be found loitering in any inhabited or uninhabited place belonging to another
without any lawful or justifiable purpose;

5. Prostitutes. For the purposes of this article, women who, for money or profit, habitually
indulge in sexual intercourse or lascivious conduct, are deemed to be prostitutes.