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2017 Amendments to the Revised Penal Code by R.A. 10951
Posted by GEEKTIVIST on DECEMBER 19, 2017
R.A. 10951 of 2017 effectively amended 97 articles in the 87-year-old Revised Penal Code enacted way back in 1930. The
main thrust of the law is to increase the amount or value of property or damage upon which the penalty is based resulting
in wide-ranging impacts in the classification of penalties, scale of penalties, and in the jurisdiction of courts.
The amendatory law is applicable to cases of accused persons under preventive detention and even those convicted by
final judgment and already serving their sentences since the law is favorable to the accused.
Accused persons who are detained pending trial or appeal can apply for bail or be released on recognizance if they
already served the minimum sentence as adjusted by the new law.
Convicted persons serving their sentences can file an action to have their cases reopened notwithstanding the finality of
their case so that the penalty can be modified to reflect the changes brought about by the law. The Supreme Court has
already applied the law in the case of Hernan v. Sandiganbayan and the Court has called on lawyers, the Public Attorney’s
Office, the National Penitentiary, and the courts to take action and file appropriate pleadings to avail of the benefits of
the law and to decongest the jails.
The highest prescribed fine under the new law is P4 Million for committing TREASON and the lowest is at P5,000 for theft
of a thing worth P500 or less.
Generally, the PERIODS OF IMPRISONMENT prescribed by the RPC have been left unchanged EXCEPT FOR THE CRIMES OF
treason,
maltreatment of prisoners and
estafa by post-dating a check which are punishable by both longer jail time and stiffer fines under R.A. 10951.
Estafa by post-dating a check now has separate prescribed penalties than estafa committed by the other
modes. Interestingly, estafa by obtaining any food, refreshment or accommodation at hotels, inns, restaurants, etc.
without paying has been omitted under R.A. 10951.
The crimes of
malversation,
theft,
estafa,
malicious mischief and
other mischiefs have new threshold amounts as bases for the periods of prescribed imprisonment.
The adjustments have been long overdue to reflect current monetary and property values and account for inflation since
the 1930s.
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