The Philippine legal system was a hybrid, reflecting the country's cultural and

colonial history. The system combined elements of Roman civil law from Spain,
Anglo-American common law introduced by the United States, and the customary
systems used by minorities. The influence of Spanish law was slowly fading but was
clearly evident in private law, including family relations, property matters, and
contracts. The influence of American law was most visible in constitutional and
corporate law, and taxation and banking (see National Government , ch. 4).
Evidentiary rules also were adopted from the American system. In the Muslim areas
of the south, Islamic law was employed.

Philippine law dates to the nation's independence from Spain at the end of the
nineteenth century. Statutes were enacted by the colonial Philippine legislature
(1900-35), the commonwealth legislature (1935-46), and by the republic, beginning
July 4, 1946. Many modern laws were patterned after the United States, and United
States case law was cited and given persuasive effect in Philippine courts. As of the
mid-1980s, there were twenty-six codes in effect. These included the 1930 revised
penal code, in effect since January 1, 1932, and the civil code, which replaced the
Spanish civil code on July 1, 1950. In addition, numerous presidential decrees issued
during and after the martial law period (1972-81) had the effect of law. During this
era, President Marcos issued more than 2,000 decrees. Although some were
rescinded by Aquino during her first year in office. Rule by presidential decree
ended in February 1987 with the ratification of the constitution.

Substantive criminal law was embodied in the revised penal code, as amended, and
based chiefly on the Spanish penal code of 1870, which took effect in 1887. The
penal code set forth the basic principles affecting criminal liability, established a
system of penalties, and defined classes of crimes. It also provided for aggravating
and mitigating circumstances, stating, for instance, that age, physical defect, or
acting under "powerful impulse causing passion or obfuscation" can affect criminal
liability. Insanity or acting under irresistible force or uncontrollable fear were
regarded by law as exempting circumstances. Under the code, penalties were
classified as capital (requiring a death sentence), afflictive (six years to life
imprisonment), correctional (one month to six years), and light (up to thirty days).
These correspond to the classification of crimes as grave felonies, punishable by
capital or afflictive penalties; less grave felonies, punishable by correctional
penalties; and light felonies, punishable by light penalties. The 1987 constitution,
however, outlaws the death penalty unless provided for by subsequent legislation.

Data as of June 1991

TITLE FIFTEEN
Final Provisions
ARTICLE 366. Application of Laws Enacted Prior to this Code. Without prejudice to
the provisions contained in article 22 of this Code, felonies and misdemeanors,
committed prior to the date of effectiveness of this Code shall be punished in
accordance with the Code or Acts in force at the time of their commission.
ARTICLE 367. Repealing Clause. Except as is provided in the next preceding article,
the present Penal Code, the Provisional Law for the application of its provisions, and
Acts Nos. 277, 292, 480, 518, 519, 899, 1121, 1438, 1523, 1559, 1692, 1754, 1755,
1773, 2030, 2036, 2071, 2142, 2212, 2293, 2298, 2300, 2364, 2549, 2557, 2595, 2609,
2712, 2718, 3104, 3195, 3244, 3298, 3309, 3313, 3397, 3559, and 3586, are hereby
repealed.
The provisions of the Acts which are mentioned hereunder are also repealed, namely:
Act 666, sections 6 and 18.
Act 1508, sections 9, 10, 11, and 12.
Act 1524, section 4.
Act 1533, sections 1, 2, and 6.
Act 1697, sections 3 and 4.
Act 1757, sections 1, 2, 3, 4, 5, 6, 7 (first clause), 11, and 12.
Act 2381, sections 2, 3, 4, 5, 6, 8, and 9.
Act 2711, sections 102, 2670, 2671, and 2672.
Act 3247, sections 1, 2, 3, and 5; and
General Orders, No. 58, series of 1900, section 106.

And all laws and parts of laws which are contrary to the provisions of this Code are
hereby repealed.
Approved: December 8, 1930

Act
No.
3815, s. 1930
Historical
background[edit]
The Revised Penal Code supplanted the Spanish Cdigo Penal, which was in force in
the Philippines (then a colony of the Spanish Empire up to 1898) from 1886 to 1930,
after a failed attempt in to be implented in 1877. The new Code was drafted by a
committee created in 1927, and headed by Judge Anacleto Daz, who would later
serve on the Supreme Court. Rather than engage in a wholesale codification of all
penal laws in the Philippines, the committee instead revised the old Penal Code and
included all other penal laws only insofar as they related to the Penal Code.