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

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

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

Simple, modern, organic, truly Filipino Criminal Code

Inclusive, consultative and democratic

Multi-disciplinary and not narrowly legalistic

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

Inventory of all penal laws ◦ 180 special penal laws◦ 141 general laws with penal provisions

Experts Group Meetings (EGMs), presentations and special lectures, writeshops

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)

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)

Exchange and Study Program to Berlin, Germany (October 22-29, 2011); follow-up program on August 2012.

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)

1932 Revised Penal Code, as amended Importance of Context

◦ 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

•Codigo Penal de 1822•Codigo Penal de 1848•Codigo Penal de 1928•Codigo Penal de 1932•Codigo Penal de 1944, 1963 y 1973•Codigo Penal de 1995

German Criminal Code

•1871•200+ amendments•Commentaries in 30 volumes

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 Accessory Penalties Subsidiary Imprisonment

Post-Sentencing Measures

Prescription

Fine Community Service

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 None 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

Executive Clemency

Imprescriptible

Level 5 more than 20 years to 30 years + Fine equivalent to 100 to 500 times (in multiples of one hundred) the average daily income

Executive Clemency

Parole

25 years

Level 4 more than 10 years to 20 years + Fine equivalent to 10 to 100 times (in multiples of ten) the average daily income

15 years

Level 3 more than five years t0 10 years + Fine equivalent to 10 to 50 times (in multiples of ten) the average daily income

Three months to six months

10 years

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

Disqualification or suspension

Confiscation and Forfeiture of Proceeds and Instruments of the Crime

One month to three months

Executive Clemency

Parole Probation

with community service

5 years

Level 1 more than 10 days to 1 year + Fine equivalent to 1 to 10 times the average daily incomeor 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

Community service

Up to 1 month Executive Clemency

Probation

1 year

9. Rationalized rule on double jeopardy

10. Generic modifying circumstances

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