By Perfecto T. Raymundo, Jr.
MANILA, (PNA) — Did you know that the Philippines has an 81-year old criminal code which serves as the country’s “bible” in terms of prosecuting criminal offenses?
In fact, the 1932 Revised Penal Code has neither been amended, superseded nor revoked despite the fact that four scores and a year have passed.
Fortunately, the simplified procedure on criminal investigation and the proposed new Code of Crimes to replace the 1932 RPC were both filed on July 30, 2013 and Aug. 6, 2013, respectively before the House of Representatives Committee on Justice.
According to Justice Secretary Leila M. De Lima, they will request President Benigno S. Aquino III to certify the two bills as urgent in order that there will be a concrete and verifiable results before the President ends his term on June 30, 2016.
De Lima noted this was outlined during the President’s first State of the Nation Address on July 26, 2010.
The new Code of Crimes contains 21 sections and among its salient features are:
— Change to universal jurisdiction of crimes instead of the current jurisdiction based on territory, given the evolving nature of crime, specifically transnational organized crime;
— Simplifies the approach to criminalization based on conduct and not mental state;
— Simplifies the categorization of crimes – there is no longer a frustrated stage of commission of crime or accomplices in the degree of participation;
— The minimum age of criminal liability is 13 years old – those between 13 and 18 years old are penalized depending on the nature of the crime but with suspended sentence and referral to diversionary programs;
— There is no longer a splitting of criminal and civil actions – the civil remedy is always embedded in the criminal action;
— 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 references;
— There will be a provision stating that an appeal from a judgment of dismissal or acquittal shall not be treated as a second jeopardy;
— Modifying circumstances are now generically aggravating, mitigating or alternative without need of specific characterization for purpose of trial; and
— The prescription of crime and service of sentence is now combined.
The two major pieces of justice reform legislation have already been formally endorsed to both the House and the Senate.