UP Diliman, DOJ agree to update penal code
The Department of Justice and the University of the Philippines sign a memorandum of understanding formalizing their cooperation to improve the country’s penal code on Tuesday, Dec. 3. (L-R: UP Dean College of Law Darlene Berberabe, UP Chancellor Edgardo Vistan II, DOJ Usecs. Raul Vasquez, Jose Cadiz Jr., Jesse Andres) | Photo from DOJ
In August last year, the Supreme Court acquitted farmer Pedro Amarille of qualified theft, saving him from a maximum six-year imprisonment for stealing 200 coconuts worth P2,000 in 2011.
Amarille made a living harvesting coconuts to make copra, the sun-dried coconut meat from which coconut oil is produced.
For taxation purposes, the coconut plantation was under the name of his grandfather, Eufemio Amarille. He insisted that the plantation was owned by his grandfather, but in 2011 it already belonged to the heirs of another person.
The high tribunal ruled that Amarille acted in “good faith,” believing that the coconut plantation in Bohol where he harvested the coconuts belonged to his grandfather.
READ: DOJ, UP sign cooperation to improve PH penal code
Article continues after this advertisementUnder the nearly century-old Revised Penal Code (RPC), theft of coconuts carries harsher penalties than theft of other produce like rice or sugar.
Article continues after this advertisement‘Anachronistic’
In his concurring opinion to the decision authored by Associate Justice Jhosep Lopez, Senior Associate Justice Marvic Leonen said this penal provision was “anachronistic” and a violation of the principle of equal protection.
To handle such legal situations brought about by old laws, the Department of Justice (DOJ) and the College of Law of the University of the Philippines (UP) Diliman have agreed to draft a new criminal code for lawmakers to pass—one that is designed to reflect contemporary values and conditions while upholding the fundamental rights of all individuals.
During last Tuesday’s signing of a memorandum to undertake this joint project, officials highlighted several outdated RPC provisions, including coconut theft and dueling.
“Number one, dueling—no one engages in duels here anymore. Second, the theft of coconuts. You might not know this, but stealing one or two coconuts from a coconut plantation is considered qualified theft,” said Justice Undersecretary Raul Vasquez.
Discrimination
Under Article 310 of the RPC, theft becomes qualified and punishable by penalties two degrees higher if the stolen property consists of coconuts taken from a plantation.
Coconut theft within the plantation premises, whether from trees or the ground, constitutes qualified theft. Outside the plantation, it is classified as simple theft.
In the case Pedro Amarille vs People of the Philippines (G.R. No. 256022), Leonen noted that singling out coconut theft as qualified theft “discriminates not only against other food products but also the poor.”
UP Diliman chancellor Edgardo Vistan II, who is also a lawyer, explained that the stringent position on coconut theft dates back to a time when coconuts were among the country’s top exports.
Mental health as factor
“That’s why coconuts were so highly valued, and stealing them was considered a serious crime back then. But now, times have changed, and it reflects on us. We need to update our laws because they no longer align with our current beliefs,” Vistan said.
UP College of Law dean Darlene Marie Berberabe, for her part, underscored the need to consider other factors like mental health in criminal responsibility.
“So, when we assess penalties like imprisonment, we need to ask if they’re appropriate or if there should be a stronger emphasis on rehabilitation, especially since our jails are overcrowded,” she said.
UP and the DOJ plan to submit a draft of the updated criminal code to the House of Representatives and the Senate by June 2025, in time for the next legislative session.
“There have been several attempts to enact a criminal code, but we always stall at the first phase. It gets through Congress, but once it reaches the Senate, problems arise. Sometimes, issues already emerge in Congress, especially in the justice committee,” Vasquez said.
“The direction of our laws now leans more toward the protection and promotion of human rights. The right to liberty is paramount,” he added.
