In July 2011, the Department of Justice of the Philippines, the Hanns Seidel Foundation/Germany and the German Federal Foreign Office jointly embarked on the project, “Crafting a Modern Criminal Code for the Philippines.” The goal of the joint project is to contribute to good governance by means of conflict resolution through the provision of a legal framework for improvement in the disposition of justice. In order to achieve this goal, the project will undertake a series of activities led by the Criminal Code Committee towards the crafting of a modern criminal code and submit the same to the Office of the President for endorsement to Congress.

The project supports the new government, headed by President Benigno S. Aquino III, in its  stronger focus on the improvement of the rule of law and on economic and social development. Heeding President Aquino’s call to help strengthen the rule of law amidst the people’s perception of the existence of a culture of impunity in the country, the DOJ initiated an internal assessment and recognized certain gaps found contributory to the poor dispensation of justice and the limited access to justice in the country.

One specific area deemed to be critical is the revision of the existing penal code and the codification of all criminal laws and laws with penal provisions that are in force in the country. The Philippines’ Revised Penal Code (RPC) of 1932, which was enacted on the 8th of December 1930 as Republic Act No. 3815, does not comprise a comprehensive compendium of all Philippine penal laws, especially since some Philippine criminal laws have been enacted outside of the RPC as separate Republic Acts and other forms.

Over the course of time and in the process of implementation, provisions have been found to be no longer applicable or obsolete and inconsistent with the conditions prevailing in the country. Most importantly, the existence of various piecemeal and disparate laws apart from the RPC has also contributed to the challenges confronting the law enforcers in the implementation of the law. The antiquated general penal law is also seen as the cause of the systemic justice issues the country is currently faced with.

These facts and the dramatic changes in the nature and types of crimes are seen as the main reason for the urgent need to craft a “modern” and truly organic, Filipino criminal code attuned to the Filipinos’ values and norms. The harmonization, updating and clear expression of laws is seen as necessary in the initiative to help end impunity and to strengthen the rule of law, thus aiding in the  reduction of social and political tension, and eventually providing a contribution to good governance and to conflict resolution.

This “modern” criminal code is envisioned to reconcile existing laws with the RPC in one single code, and thereby, seen as elemental in the improvement of the national peace and security situation in the country, through the equal enforcement of the law on all Filipinos.