REVISED PENAL CODE

Preliminary Article — This law shall be known as "The Revised Penal Code." BOOK ONE GENERAL PROVISIONS REGARDING THE DATE OF ENFORCEMENT AND APPLICATION OF THE PROVISIONS OF THIS CODE, AND REGARDING THE OFFENSES, THE PERSONS LIABLE AND THE PENALTIES.  DATE OF EFFECTIVELESS AND APPLICATION OF THE PROVISIONS OF THIS CODE                                                                       PRELIMINARY TITLE Article 1. Time when Act takes effect. — This Code shall take effect on the first day of January, nineteen hundred and thirty-two. Art. 2. Application of its provisions. — Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who: 1. Should commit an offense while on a Philippine ship or airship 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code. Title One FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY Chapter One FELONIES Art. 3. Definitions. — Acts and omissions punishable by law are felonies (delitos).  Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).  There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. Art. 4. Criminal liability. — Criminal liability shall be incurred: 1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended.  2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means. Art. 5. Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties. — Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of legislation. In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense. Art. 6. Consummated, frustrated, and attempted felonies. — Consummated felonies as well as those which are frustrated and attempted, are punishable. A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. There is an attempt when the offender commences the commission of a felony directly or over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance. Art. 7. When light felonies are punishable. — Light felonies are punishable only when they have been consummated, with the exception of those committed against person or property. Art. 8. Conspiracy and proposal to commit felony. — Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor.  A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.  Art. 9. Grave felonies, less grave felonies and light felonies. — Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of this Code.  Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned Art.  Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding 200 pesos or both; is provided.  Art. 10. Offenses not subject to the provisions of this Code. — Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary. Chapter Two JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCESWHICH EXEMPT FROM CRIMINAL LIABILITY Art. 11. Justifying circumstances. — The following do not incur any criminal liability: 1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur; First. Unlawful aggression. Second. Reasonable necessity of the means employed to prevent or repel it.  Third. Lack of sufficient provocation on the part of the person defending himself.  2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the revocation was given by the person attacked, that the one making defense had no part therein. 3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this Art. are present and that the person defending be not induced by revenge, resentment, or other evil motive. 4. Any person who, in order to avoid an evil or injury, does not act which causes damage to another, provided that the following requisites are present; First. That the evil sought to be avoided actually exists; Second. That the injury feared be greater than that done to avoid it; Third. That there be no other practical and less harmful means of preventing it. 5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. 6. Any person who acts in obedience to an order issued by a superior for some lawful purpose. Art. 12. Circumstances which exempt from criminal liability. — the following are exempt from criminal liability: 1.    An imbecile or an insane person, unless the latter has acted during a lucid interval. 2.     When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court. 2. A person under nine years of age.  3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code. (Read RA 9344, Juvenile Justice and Welfare Act, and the 2009 Revised Rules on Child in Conflict with the Law) When such minor is adjudged to be criminally irresponsible, the court, in conformably with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and education otherwise, he shall be committed to the care of some institution or person mentioned in said Art. 80.  4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. 5. Any person who act under the compulsion of irresistible force. 6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. (Read R.A. 9262, Anti-Violence Against Women and Children, and People vs. Genosa, January 15, 2004). 7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause. Chapter Three CIRCUMSTANCES WHICH MITIGATECRIMINAL LIABILITY Art. 13. Mitigating circumstances. — The following are mitigating circumstances; 1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from criminal liability in the respective cases are not attendant. 2. That the offender is under eighteen year of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of Art. 80.chanrobles virtual law library. (Read RA 9344, Juvenile Justice and Welfare Act). 3. That the offender had no intention to commit so grave a wrong as that committed.  4. That sufficient provocation or threat on the part of the offended party immediately preceded the act 5. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees. 6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. 7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution; 8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings.  9. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of the consciousness of his acts.  10. And, finally, any other circumstances of a similar nature and analogous to those above mentioned.  Chapter Four CIRCUMSTANCE WHICH AGGRAVATECRIMINAL LIABILITY Art. 14. Aggravating circumstances. — The following are aggravating circumstances: 1. That advantage be taken by the offender of his public position. 2. That the crime be committed in contempt or with insult to the public authorities. 3. That the act be committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or that is be committed in the dwelling of the offended party, if the latter has not given provocation. 4. That the act be committed with abuse of confidence or obvious ungratefulness.  5. That the crime be committed in the palace of the Chief Executive or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship. 6. That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense. Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band. 7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune. 8. That the crime be committed with the aid of armed men or persons who insure or afford impunity. 9. That the accused is a recidivist. A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this Code. 10. That the offender has been previously punished by an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.  11. That the crime be committed in consideration of a price, reward, or promise.  12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin. 13. That the act be committed with evidence premeditation.  14. That the craft, fraud or disguise be employed.  15. That advantage be taken of superior strength, or means be employed to weaken the defense. 16. That the act be committed with treachery (alevosia) There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make. 17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act. 18. That the crime be committed after an unlawful entry. There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or window be broken. 20. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, motorized watercraft, airships, or other similar means. (As amended by RA 5438). 21. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commissions. Chapter Five ALTERNATIVE CIRCUMSTANCES Art. 15. Their concept. — Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. They are the relationship, intoxication and the degree of instruction and education of the offender. The alternative circumstance of relationship shall be taken into consideration when the offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender. The intoxication of the offender shall be taken into consideration as a mitigating circumstances when the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony but when the intoxication is habitual or intentional, it shall be considered as an aggravating circumstance.  Title Two PERSONS CRIMINALLY LIABLE FOR FELONIES Art. 16. Who are criminally liable. — The following are criminally liable for grave and less grave felonies: 1. Principals. 2. Accomplices.  3. Accessories. The following are criminally liable for light felonies: 1. Principals 2. Accomplices.  Art. 17. Principals. — The following are considered principals: 1. Those who take a direct part in the execution of the act; 2. Those who directly force or induce others to commit it; 3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished.  Art. 18. Accomplices. — Accomplices are those persons who, not being included in Art. 17, cooperate in the execution of the offense by previous or simultaneous acts. Art. 19. Accessories. — Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners:  1. By profiting themselves or assisting the offender to profit by the effects of the crime. 2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery. 3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime. Art. 20. Accessories who are exempt from criminal liability. — The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article. Title Three P E N A L T I E S Chapter One PENALTIES IN GENERAL Art. 21. Penalties that may be imposed. — No felony shall be punishable by any penalty not prescribed by law prior to its commission. Art. 22. Retroactive effect of penal laws. — Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same.  Art. 23. Effect of pardon by the offended party. — A pardon of the offended party does not extinguish criminal action except as provided in Article 344 of this Code; but civil liability with regard to the interest of the injured party is extinguished by his express waiver.  Art. 24. Measures of prevention or safety which are nor considered penalties. — The following shall not be considered as penalties: 1. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring their confinement in a hospital. 2. The commitment of a minor to any of the institutions mentioned in Article 80 and for the purposes specified therein. 3. Suspension from the employment of public office during the trial or in order to institute proceedings.  4. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers, superior officials may impose upon their subordinates.. 5.  Deprivation of rights and the reparations which the civil laws may establish in penal form. Chapter Two CLASSIFICATION OF PENALTIES Art. 25. Penalties which may be imposed. — The penalties which may be imposed according to this Code, and their different classes, are those included in the following: Scale Principal Penalties Capital punishment: Death. (Read RA 9346, Prohibiting Imposition of Death Penalty) Afflictive penalties: Reclusion perpetua, Reclusion temporal, Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Prision mayor. Correctional penalties: Prision correccional, Arresto mayor, Suspension, Destierro. Light penalties: Arresto menor, Public censure. Penalties common to the three preceding classes: Fine, and Bond to keep the peace. Accessory Penalties Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Suspension from public office, the right to vote and be voted for, the profession or calling. Civil interdiction, Indemnification, Forfeiture or confiscation of instruments and proceeds of the offense, Payment of costs. Art. 26. When afflictive, correctional, or light penalty. — A fine, whether imposed as a single of as an alternative penalty, shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a correctional penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos; and a light penalty if it less than 200 pesos. Chapter Three DURATION AND EFFECTS OF PENALTIES Section One. — Duration of Penalties Art. 27. Reclusion perpetua. — Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon. Reclusion temporal. — The penalty of reclusion temporal shall be from twelve years and one day to twenty years. Prision mayor and temporary disqualification. — The duration of the penalties of prision mayor and temporary disqualification shall be from six years and one day to twelve years, except when the penalty of disqualification is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty. Prision correccional, suspension, and destierro. — The duration of the penalties of prision correccional, suspension and destierro shall be from six months and one day to six years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty. Arresto mayor. — The duration of the penalty of arresto mayor shall be from one month and one day to six months. Arresto menor. — The duration of the penalty of arresto menor shall be from one day to thirty days. Bond to keep the peace. — The bond to keep the peace shall be required to cover such period of time as the court may determine. Art. 28. Computation of penalties. — If the offender shall be in prison, the term of the duration of the temporary penalties shall be computed from the day on which the judgment of conviction shall have become final. If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty shall be computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence. Art. 29. Period of preventive imprisonment deducted from term of imprisonment. — Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment, if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners, except in the following cases: 1. When they are recidivists or have been convicted previously twice or more times of any crime; and 2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily. If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment. (As amended by Republic Act 6127, June 17, 1970). Whenever an accused has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is under review. In case the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment. (As amended by E.O. No. 214, July 10, 1988). Section Two. — Effects of the penalties according to their respective nature Art. 30. Effects of the penalties of perpetual or temporary absolute disqualification. — The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects: 1. The deprivation of the public offices and employments which the offender may have held even if conferred by popular election. 2. The deprivation of the right to vote in any election for any popular office or to be elected to such office. 3. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned. In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence. 4. The loss of all rights to retirement pay or other pension for any office formerly held. Art. 31. Effect of the penalties of perpetual or temporary special disqualification. — The penalties of perpetual or temporal special disqualification for public office, profession or calling shall produce the following effects: 1. The deprivation of the office, employment, profession or calling affected; 2. The disqualification for holding similar offices or employments either perpetually or during the term of the sentence according to the extent of such disqualification. Art. 32. Effect of the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage. — The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive the offender perpetually or during the term of the sentence, according to the nature of said penalty, of the right to vote in any popular election for any public office or to be elected to such office. Moreover, the offender shall not be permitted to hold any public office during the period of his disqualification. Art. 33. Effects of the penalties of suspension from any public office, profession or calling, or the right of suffrage. — The suspension from public office, profession or calling, and the exercise of the right of suffrage shall disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence. The person suspended from holding public office shall not hold another having similar functions during the period of his suspension. Art. 34. Civil interdiction. — Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos. Art. 35. Effects of bond to keep the peace. — It shall be the duty of any person sentenced to give bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the offense sought to be prevented, and that in case such offense be committed they will pay the amount determined by the court in the judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking. The court shall determine, according to its discretion, the period of duration of the bond. Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no case exceed six months, is he shall have been prosecuted for a grave or less grave felony, and shall not exceed thirty days, if for a light felony. Art. 36. Pardon; its effect. — A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon. A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence. Art. 37. Cost; What are included. — Costs shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule. Art. 38. Pecuniary liabilities; Order of payment. — In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following order: 1. The reparation of the damage caused. 2. Indemnification of consequential damages. 3. The fine. 4. The cost of the proceedings. Art. 39. Subsidiary penalty. — If the convict has no property with which to meet the fine mentioned in the paragraph 3 of the nest preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos, subject to the following rules: 1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under confinement until his fine referred to in the preceding paragraph is satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no case shall it continue for more than one year, and no fraction or part of a day shall be counted against the prisoner. 2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a light felony. 3. When the principal imposed is higher than prision correccional, no subsidiary imprisonment shall be imposed upon the culprit. 4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is of fixed duration, the convict, during the period of time established in the preceding rules, shall continue to suffer the same deprivations as those of which the principal penalty consists. 5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him, from the fine in case his financial circumstances should improve. (As amended by RA 5465, April 21, 1969). Section Three. — Penalties in which other accessorypenalties  are inherent Art. 40. Death; Its accessory penalties. — The death penalty, when it is not executed by reason of commutation or pardon shall carry with it that of perpetual absolute disqualification and that of civil interdiction during thirty years following the date sentence, unless such accessory penalties have been expressly remitted in the pardon. Art. 41. Reclusion perpetua and reclusion temporal; Their accessory penalties. — The penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life or during the period of the sentence as the case may be, and that of perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. Art. 42. Prision mayor; Its accessory penalties. — The penalty of prision mayor, shall carry with it that of temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage which the offender shall suffer although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. Art. 43. Prision correccional; Its accessory penalties. — The penalty of prision correccional shall carry with it that of suspension from public office, from the right to follow a profession or calling, and that of perpetual special disqualification from the right of suffrage, if the duration of said imprisonment shall exceed eighteen months. The offender shall suffer the disqualification provided in the article although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. Art. 44. Arresto; Its accessory penalties. — The penalty of arresto shall carry with it that of suspension of the right too hold office and the right of suffrage during the term of the sentence. Art. 45. Confiscation and forfeiture of the proceeds or instruments of the crime. — Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the instruments or tools with which it was committed. Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government, unless they be property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall be destroyed. Chapter Four APPLICATION OF PENALTIES Section One. — Rules for the application of penalties to the persons criminally liable and for the graduation of the same. Art. 46. Penalty to be imposed upon principals in general. — The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony. Whenever the law prescribes a penalty for a felony is general terms, it shall be understood as applicable to the consummated felony. Art. 47. In what cases the death penalty shall not be imposed. — The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except in the following cases: 1. When the guilty person be more than seventy years of age. 2. When upon appeal or revision of the case by the Supreme court, all the members thereof are not unanimous in their voting as to the propriety of the imposition of the death penalty. For the imposition of said penalty or for the confirmation of a judgment of the inferior court imposing the death sentence, the Supreme Court shall render its decision per curiam, which shall be signed by all justices of said court, unless some member or members thereof shall have been disqualified from taking part in the consideration of the case, in which even the unanimous vote and signature of only the remaining justices shall be required. Art. 48. Penalty for complex crimes. — When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period. Art. 49. Penalty to be imposed upon the principals when the crime committed is different from that intended. — In cases in which the felony committed is different from that which the offender intended to commit, the following rules shall be observed: 1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit, the penalty corresponding to the latter shall be imposed in its maximum period. 2. If the penalty prescribed for the felony committed be lower than that corresponding to the one which the accused intended to commit, the penalty for the former shall be imposed in its maximum period. 3. The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty person shall also constitute an attempt or frustration of another crime, if the law prescribes a higher penalty for either of the latter offenses, in which case the penalty provided for the attempted or the frustrated crime shall be imposed in its maximum period. Art. 50. Penalty to be imposed upon principals of a frustrated crime.— The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated felony. Art. 51. Penalty to be imposed upon principals of attempted crimes. — A penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a felony. Art. 52. Penalty to be imposed upon accomplices in consummated crime. — The penalty next lower in degree than that prescribed by law for the consummated shall be imposed upon the accomplices in the commission of a consummated felony. Art. 53. Penalty to be imposed upon accessories to the commission of a consummated felony. — The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the accessories to the commission of a consummated felony. Art. 54. Penalty to imposed upon accomplices in a frustrated crime. — The penalty next lower in degree than prescribed by law for the frustrated felony shall be imposed upon the accomplices in the commission of a frustrated felony. Art. 55. Penalty to be imposed upon accessories of a frustrated crime. — The penalty lower by two degrees than that prescribed by law for the frustrated felony shall be imposed upon the accessories to the commission of a frustrated felony. Art. 56. Penalty to be imposed upon accomplices in an attempted crime. — The penalty next lower in degree than that prescribed by law for an attempt to commit a felony shall be imposed upon the accomplices in an attempt to commit the felony. Art. 57. Penalty to be imposed upon accessories of an attempted crime. — The penalty lower by two degrees than that prescribed by law for the attempted felony shall be imposed upon the accessories to the attempt to commit a felony. Art. 58. Additional penalty to be imposed upon certain accessories.— Those accessories falling within the terms of paragraphs 3 of Article 19 of this Code who should act with abuse of their public functions, shall suffer the additional penalty of absolute perpetual disqualification if the principal offender shall be guilty of a grave felony, and that of absolute temporary disqualification if he shall be guilty of a less grave felony. Art. 59. Penalty to be imposed in case of failure to commit the crime because the means employed or the aims sought are impossible. — When the person intending to commit an offense has already performed the acts for the execution of the same but nevertheless the crime was not produced by reason of the fact that the act intended was by its nature one of impossible accomplishment or because the means employed by such person are essentially inadequate to produce the result desired by him, the court, having in mind the social danger and the degree of criminality shown by the offender, shall impose upon him the penalty of arresto mayor or a fine from 200 to 500 pesos. Art. 60. Exception to the rules established in Articles 50 to 57. — The provisions contained in Articles 50 to 57, inclusive, of this Code shall not be applicable to cases in which the law expressly prescribes the penalty provided for a frustrated or attempted felony, or to be imposed upon accomplices or accessories. Art. 61. Rules for graduating penalties. — For the purpose of graduating the penalties which, according to the provisions of Articles 50 to 57, inclusive, of this Code, are to be imposed upon persons guilty as principals of any frustrated or attempted felony, or as accomplices or accessories, the following rules shall be observed: 1. When the penalty prescribed for the felony is single and indivisible, the penalty next lower in degrees shall be that immediately following that indivisible penalty in the respective graduated scale prescribed in Article 71 of this Code. 2. When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or more divisible penalties to be impose to their full extent, the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed in the respective graduated scale. 3. When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum period of another divisible penalty, the penalty next lower in degree shall be composed of the medium and minimum periods of the proper divisible penalty and the maximum periods of the proper divisible penalty and the maximum period of that immediately following in said respective graduated scale. 4. when the penalty prescribed for the crime is composed of several periods, corresponding to different divisible penalties, the penalty next lower in degree shall be composed of the period immediately following the minimum prescribed and of the two next following, which shall be taken from the penalty prescribed, if possible; otherwise from the penalty immediately following in the above mentioned respective graduated scale. 5. When the law prescribes a penalty for a crime in some manner not especially provided for in the four preceding rules, the courts, proceeding by analogy, shall impose corresponding penalties upon those guilty as principals of the frustrated felony, or of attempt to commit the same, and upon accomplices and accessories. TABULATION OF THE PROVISIONS OF THE CHAPTER   Penalty Prescribe for the crime Penalty to be imposed upon the principal in a frustrated crime, and accomplice in a consummated crime Penalty to be imposed upon the principal in an attempted crime, the accessory in the consummated crime and the accomplices in a frustrated crime. Penalty to be imposed upon the accessory in a frustrated crime, and the accomplices in an attempted crime Penalty to be imposed upon the accessory in an attempted crime First Case Death Reclusion Perpetua Reclusion Temporal Prision Mayor Prision Correccional Second Case Reclusion Perpetua to Death Reclusion Temporal Prision Mayor Prision Correccional Arresto Mayor Third Case Reclusion Temporal in its maximum period to death Prision Mayor in its maximum period to reclusion temporal in its medium period Prision correccional in its maximum period to prision mayor in its medium period Arresto Mayor in it s maximum period to prision correccional in its medium period Fine and Arresto Mayor in its minimum and medium periods Fourth Case Prision Mayor in its maximum period to reclusion temporal in its medium period. Prision correccional in its maximum period to prision mayor in its medium period. Arresto mayor in its maximum period to prision correccional in its medium period. Fine and Arresto Mayor in its minimum and medium periods Fine.   Section Two. — Rules for the application of penalties with regard to the mitigating and aggravating circumstances, and habitual delinquency. Art. 62. Effect of the attendance of mitigating or aggravating circumstances and of habitual delinquency. — Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the following rules: 1. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty. 2. The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a degree that it must of necessity accompany the commission thereof. 3. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private relations with the offended party, or from any other personal cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant. 4. The circumstances which consist in the material execution of the act, or in the means employed to accomplish it, shall serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein. 5. Habitual delinquency shall have the following effects: (a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and to the additional penalty of prision correccional in its medium and maximum periods; (b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its minimum and medium periods; and (c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period. Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, in conformity herewith, shall in no case exceed 30 years For the purpose of this article, a person shall be deemed to be habitual delinquent, is within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa or falsification, he is found guilty of any of said crimes a third time or oftener. Art. 63. Rules for the application of indivisible penalties. — In all cases in which the law prescribes a single indivisible penalty, it shall be applied by the courts regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed. In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules shall be observed in the application thereof: 1. When in the commission of the deed there is present only one aggravating circumstance, the greater penalty shall be applied. 2. When there are neither mitigating nor aggravating circumstances and there is no aggravating circumstance, the lesser penalty shall be applied. 3. When the commission of the act is attended by some mitigating circumstances and there is no aggravating circumstance, the lesser penalty shall be applied. 4. When both mitigating and aggravating circumstances attended the commission of the act, the court shall reasonably allow them to offset one another in consideration of their number and importance, for the purpose of applying the penalty in accordance with the preceding rules, according to the result of such compensation. Art. 64. Rules for the application of penalties which contain three periods. — In cases in which the penalties prescribed by law contain three periods, whether it be a single divisible penalty or composed of three different penalties, each one of which forms a period in accordance with the provisions of Articles 76 and 77, the court shall observe for the application of the penalty the following rules, according to whether there are or are not mitigating or aggravating circumstances: 1. When there are neither aggravating nor mitigating circumstances, they shall impose the penalty prescribed by law in its medium period. 2. When only a mitigating circumstances is present in the commission of the act, they shall impose the penalty in its minimum period. 3. When an aggravating circumstance is present in the commission of the act, they shall impose the penalty in its maximum period. 4. When both mitigating and aggravating circumstances are present, the court shall reasonably offset those of one class against the other according to their relative weight. 5. When there are two or more mitigating circumstances and no aggravating circumstances are present, the court shall impose the penalty next lower to that prescribed by law, in the period that it may deem applicable, according to the number and nature of such circumstances. 6. Whatever may be the number and nature of the aggravating circumstances, the courts shall not impose a greater penalty than that prescribed by law, in its maximum period. 7. Within the limits of each period, the court shall determine the extent of the penalty according to the number and nature of the aggravating and mitigating circumstances and the greater and lesser extent of the evil produced by the crime. Art. 65. Rule in cases in which the penalty is not composed of three periods. — In cases in which the penalty prescribed by law is not composed of three periods, the courts shall apply the rules contained in the foregoing articles, dividing into three equal portions of time included in the penalty prescribed, and forming one period of each of the three portions. Art. 66. Imposition of fines. — In imposing fines the courts may fix any amount within the limits established by law; in fixing the amount in each case attention shall be given, not only to the mitigating and aggravating circumstances, but more particularly to the wealth or means of the culprit. Art. 67. Penalty to be imposed when not all the requisites of exemption of the fourth circumstance of Article 12 are present.— When all the conditions required in circumstances Number 4 of Article 12 of this Code to exempt from criminal liability are not present, the penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon the culprit if he shall have been guilty of a grave felony, and arresto mayor in its minimum and medium periods, if of a less grave felony. Art. 68. Penalty to be imposed upon a person under eighteen years of age. — When the offender is a minor under eighteen years and his case is one coming under the provisions of the paragraphs next to the last of Article 80 of this Code, the following rules shall be observed: 1. Upon a person under fifteen but over nine years of age, who is not exempted from liability by reason of the court having declared that he acted with discernment, a discretionary penalty shall be imposed, but always lower by two degrees at least than that prescribed by law for the crime which he committed. 2. Upon a person over fifteen and under eighteen years of age the penalty next lower than that prescribed by law shall be imposed, but always in the proper period. Art. 69. Penalty to be imposed when the crime committed is not wholly excusable. — A penalty lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable by reason of the lack of some of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in Article 11 and 12, provided that the majority of such conditions be present. The courts shall impose the penalty in the period which may be deemed proper, in view of the number and nature of the conditions of exemption present or lacking. Art. 70. Successive service of sentence. — When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of the penalties will so permit otherwise, the following rules shall be observed: In the imposition of the penalties, the order of their respective severity shall be followed so that they may be executed successively or as nearly as may be possible, should a pardon have been granted as to the penalty or penalties first imposed, or should they have been served out. For the purpose of applying the provisions of the next preceding paragraph the respective severity of the penalties shall be determined in accordance with the following scale: 1. Death, 2. Reclusion perpetua, 3. Reclusion temporal, 4. Prision mayor, 5. Prision correccional, 6. Arresto mayor, 7. Arresto menor, 8. Destierro, 9. Perpetual absolute disqualification, 10 Temporal absolute disqualification. 11. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling, and 12. Public censure. Notwithstanding the provisions of the rule next preceding, the maximum duration of the convict's sentence shall not be more than three-fold the length of time corresponding to the most severe of the penalties imposed upon him. No other penalty to which he may be liable shall be inflicted after the sum total of those imposed equals the same maximum period. Such maximum period shall in no case exceed forty years. In applying the provisions of this rule the duration of perpetual penalties (pena perpetua) shall be computed at thirty years. (As amended). Art. 71. Graduated scales. — In the case in which the law prescribed a penalty lower or higher by one or more degrees than another given penalty, the rules prescribed in Article 61 shall be observed in graduating such penalty. The lower or higher penalty shall be taken from the graduated scale in which is comprised the given penalty. The courts, in applying such lower or higher penalty, shall observe the following graduated scales: SCALE NO. 1 1. Death, 2. Reclusion perpetua, 3. Reclusion temporal, 4. Prision mayor, 5. Prision correccional, 6. Arresto mayor, 7. Destierro, 8. Arresto menor, 9. Public censure, 10. Fine. SCALE NO. 2 1. Perpetual absolute disqualification, 2. Temporal absolute disqualification 3. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling, 4. Public censure, 5. Fine Art. 72. Preference in the payment of the civil liabilities. — The civil liabilities of a person found guilty of two or more offenses shall be satisfied by following the chronological order of the dates of the judgments rendered against him, beginning with the first in order of time. Section Three. — Provisions common in the last two preceding sections Art. 73. Presumption in regard to the imposition of accessory penalties. — Whenever the courts shall impose a penalty which, by provision of law, carries with it other penalties, according to the provisions of Articles 40, 41, 42, 43 and 44 of this Code, it must be understood that the accessory penalties are also imposed upon the convict. Art. 74. Penalty higher than reclusion perpetua in certain cases. — In cases in which the law prescribes a penalty higher than another given penalty, without specially designating the name of the former, if such higher penalty should be that of death, the same penalty and the accessory penalties of Article 40, shall be considered as the next higher penalty. Art. 75. Increasing or reducing the penalty of fine by one or more degrees. — Whenever it may be necessary to increase or reduce the penalty of fine by one or more degrees, it shall be increased or reduced, respectively, for each degree, by one-fourth of the maximum amount prescribed by law, without however, changing the minimum. The same rules shall be observed with regard of fines that do not consist of a fixed amount, but are made proportional. Art. 76. Legal period of duration of divisible penalties. — The legal period of duration of divisible penalties shall be considered as divided into three parts, forming three periods, the minimum, the medium, and the maximum in the manner shown in the following table: TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED IN EACH OF THEIR PERIODS   Penalties Time included in the penalty in its entirety Time included in its minimum period Time included in its medium period Time included in its maximum Reclusion temporal From 12 years and 1 day to 20 years. From 12 years and 1 day to 14 years and 8 months. From 14 years, 8 months and 1 day to 17 years and 4 months. From 17 years, 4 months and 1 day to 20 years. Prision mayor, absolute disqualification and special temporary disqualification From 6 years and 1 day to 12 years. From 6 years and 1 day to 8 years. From 8 years and 1 day to 10 years. From 10 years and 1 day to 12 years. Prision correccional, suspension and destierro From 6 months and 1 day to 6 years. From 6 months and 1 day to 2 years and 4 months. From 2 years, 4 months and 1 day to 4 years and 2 months. From 4 years, 2 months and 1 day to 6 years. Arresto mayor From 1 month and 1 day to months. From 1 to 2 months. From 2 months and 1 day to 4 months. From 4 months and 1 day to 6 months. Arresto menor From 1 to 30 days. From 1 to 10 days. From 11 to 20 days. From 21 to 30 days. Art. 77. When the penalty is a complex one composed of three distinct penalties. — In cases in which the law prescribes a penalty composed of three distinct penalties, each one shall form a period; the lightest of them shall be the minimum the next the medium, and the most severe the maximum period. Whenever the penalty prescribed does not have one of the forms specially provided for in this Code, the periods shall be distributed, applying by analogy the prescribed rules. Chapter Five EXECUTION AND SERVICE OF PENALTIES Section One. — General Provisions Art. 78. When and how a penalty is to be executed. — No penalty shall be executed except by virtue of a final judgment. A penalty shall not be executed in any other form than that prescribed by law, nor with any other circumstances or incidents than those expressly authorized thereby. In addition to the provisions of the law, the special regulations prescribed for the government of the institutions in which the penalties are to be suffered shall be observed with regard to the character of the work to be performed, the time of its performance, and other incidents connected therewith, the relations of the convicts among themselves and other persons, the relief which they may receive, and their diet. The regulations shall make provision for the separation of the sexes in different institutions, or at least into different departments and also for the correction and reform of the convicts. Art. 79. Suspension of the execution and service of the penalties in case of insanity. — When a convict shall become insane or an imbecile after final sentence has been pronounced, the execution of said sentence shall be suspended only with regard to the personal penalty, the provisions of the second paragraph of circumstance number 1 of Article 12 being observed in the corresponding cases. If at any time the convict shall recover his reason, his sentence shall be executed, unless the penalty shall have prescribed in accordance with the provisions of this Code. The respective provisions of this section shall also be observed if the insanity or imbecility occurs while the convict is serving his sentence. Art. 80. Suspension of sentence of minor delinquents. — Whenever a minor of either sex, under sixteen years of age at the date of the commission of a grave or less grave felony, is accused thereof, the court, after hearing the evidence in the proper proceedings, instead of pronouncing judgment of conviction, shall suspend all further proceedings and shall commit such minor to the custody or care of a public or private, benevolent or charitable institution, established under the law of the care, correction or education of orphaned, homeless, defective, and delinquent children, or to the custody or care of any other responsible person in any other place subject to visitation and supervision by the Director of Public Welfare or any of his agents or representatives, if there be any, or otherwise by the superintendent of public schools or his representatives, subject to such conditions as are prescribed hereinbelow until such minor shall have reached his majority age or for such less period as the court may deem proper. The court, in committing said minor as provided above, shall take into consideration the religion of such minor, his parents or next of kin, in order to avoid his commitment to any private institution not under the control and supervision of the religious sect or denomination to which they belong. The Director of Public Welfare or his duly authorized representatives or agents, the superintendent of public schools or his representatives, or the person to whose custody or care the minor has been committed, shall submit to the court every four months and as often as required in special cases, a written report on the good or bad conduct of said minor and the moral and intellectual progress made by him. The suspension of the proceedings against a minor may be extended or shortened by the court on the recommendation of the Director of Public Welfare or his authorized representative or agents, or the superintendent of public schools or his representatives, according as to whether the conduct of such minor has been good or not and whether he has complied with the conditions imposed upon him, or not. The provisions of the first paragraph of this article shall not, however, be affected by those contained herein. If the minor has been committed to the custody or care of any of the institutions mentioned in the first paragraph of this article, with the approval of the Director of Public Welfare and subject to such conditions as this official in accordance with law may deem proper to impose, such minor may be allowed to stay elsewhere under the care of a responsible person. If the minor has behaved properly and has complied with the conditions imposed upon him during his confinement, in accordance with the provisions of this article, he shall be returned to the court in order that the same may order his final release. In case the minor fails to behave properly or to comply with the regulations of the institution to which he has been committed or with the conditions imposed upon him when he was committed to the care of a responsible person, or in case he should be found incorrigible or his continued stay in such institution should be inadvisable, he shall be returned to the court in order that the same may render the judgment corresponding to the crime committed by him. The expenses for the maintenance of a minor delinquent confined in the institution to which he has been committed, shall be borne totally or partially by his parents or relatives or those persons liable to support him, if they are able to do so, in the discretion of the court; Provided, That in case his parents or relatives or those persons liable to support him have not been ordered to pay said expenses or are found indigent and cannot pay said expenses, the municipality in which the offense was committed shall pay one-third of said expenses; the province to which the municipality belongs shall pay one-third; and the remaining one-third shall be borne by the National Government: Provided, however, That whenever the Secretary of Finance certifies that a municipality is not able to pay its share in the expenses above mentioned, such share which is not paid by said municipality shall be borne by the National Government. Chartered cities shall pay two-thirds of said expenses; and in case a chartered city cannot pay said expenses, the internal revenue allotments which may be due to said city shall be withheld and applied in settlement of said indebtedness in accordance with section five hundred and eighty-eight of the Administrative Code. Section Two. — Execution of principal penalties. Art. 81. When and how the death penalty is to be executed. — The death sentence shall be executed with reference to any other and shall consist in putting the person under sentence to death by electrocution. The death sentence shall be executed under the authority of the Director of Prisons, endeavoring so far as possible to mitigate the sufferings of the person under sentence during electrocution as well as during the proceedings prior to the execution. If the person under sentence so desires, he shall be anaesthetized at the moment of the electrocution. Art. 82. Notification and execution of the sentence and assistance to the culprit. — The court shall designate a working day for the execution but not the hour thereof; and such designation shall not be communicated to the offender before sunrise of said day, and the execution shall not take place until after the expiration of at least eight hours following the notification, but before sunset. During the interval between the notification and the execution, the culprit shall, in so far as possible, be furnished such assistance as he may request in order to be attended in his last moments by priests or ministers of the religion he professes and to consult lawyers, as well as in order to make a will and confer with members of his family or persons in charge of the management of his business, of the administration of his property, or of the care of his descendant. Art. 83. Suspension of the execution of the death sentence. — The death sentence shall not be inflicted upon a woman within the three years next following the date of the sentence or while she is pregnant, nor upon any person over seventy years of age. In this last case, the death sentence shall be commuted to the penalty of reclusion perpetua with the accessory penalties provided in Article 40. Art. 84. Place of execution and persons who may witness the same.— The execution shall take place in the penitentiary of Bilibid in a space closed to the public view and shall be witnessed only by the priests assisting the offender and by his lawyers, and by his relatives, not exceeding six, if he so request, by the physician and the necessary personnel of the penal establishment, and by such persons as the Director of Prisons may authorize. Art. 85. Provisions relative to the corpse of the person executed and its burial. — Unless claimed by his family, the corpse of the culprit shall, upon the completion of the legal proceedings subsequent to the execution, be turned over to the institute of learning or scientific research first applying for it, for the purpose of study and investigation, provided that such institute shall take charge of the decent burial of the remains. Otherwise, the Director of Prisons shall order the burial of the body of the culprit at government expense, granting permission to be present thereat to the members of the family of the culprit and the friends of the latter. In no case shall the burial of the body of a person sentenced to death be held with pomp. Art. 86. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor. — The penalties of reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor, shall be executed and served in the places and penal establishments provided by the Administrative Code in force or which may be provided by law in the future. Art. 87. Destierro. — Any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence, nor within the radius therein specified, which shall be not more than 250 and not less than 25 kilometers from the place designated. Art. 88. Arresto menor. — The penalty of arresto menor shall be served in the municipal jail, or in the house of the defendant himself under the surveillance of an officer of the law, when the court so provides in its decision, taking into consideration the health of the offender and other reasons which may seem satisfactory to it. Title Four EXTINCTION OF CRIMINAL LIABILITY Chapter One TOTAL EXTINCTION OF CRIMINAL LIABILITY Art. 89. How criminal liability is totally extinguished. — Criminal liability is totally extinguished: 1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment. 2. By service of the sentence; 3. By amnesty, which completely extinguishes the penalty and all its effects; 4. By absolute pardon; 5. By prescription of the crime; 6. By prescription of the penalty; 7. By the marriage of the offended woman, as provided in Article 344 of this Code. Art. 90. Prescription of crime. — Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years. Crimes punishable by other afflictive penalties shall prescribe in fifteen years. Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable by arresto mayor, which shall prescribe in five years. The crime of libel or other similar offenses shall prescribe in one year. The crime of oral defamation and slander by deed shall prescribe in six months. Light offenses prescribe in two months. When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application of the rules contained in the first, second and third paragraphs of this article. (As amended by RA 4661, approved June 19, 1966). Art. 91. Computation of prescription of offenses. — The period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him. The term of prescription shall not run when the offender is absent from the Philippine Archipelago. Art. 92. When and how penalties prescribe. — The penalties imposed by final sentence prescribe as follows: 1. Death and reclusion perpetua, in twenty years; 2. Other afflictive penalties, in fifteen years; 3. Correctional penalties, in ten years; with the exception of the penalty of arresto mayor, which prescribes in five years; 4. Light penalties, in one year. Art. 93. Computation of the prescription of penalties. — The period of prescription of penalties shall commence to run from the date when the culprit should evade the service of his sentence, and it shall be interrupted if the defendant should give himself up, be captured, should go to some foreign country with which this Government has no extradition treaty, or should commit another crime before the expiration of the period of prescription. Chapter Two PARTIAL EXTINCTION OF CRIMINALLIABILITY Art. 94. Partial Extinction of criminal liability. — Criminal liability is extinguished partially: 1. By conditional pardon; 2. By commutation of the sentence; and 3. For good conduct allowances which the culprit may earn while he is serving his sentence. Art. 95. Obligation incurred by person granted conditional pardon.— Any person who has been granted conditional pardon shall incur the obligation of complying strictly with the conditions imposed therein otherwise, his non-compliance with any of the conditions specified shall result in the revocation of the pardon and the provisions of Article 159 shall be applied to him. Art. 96. Effect of commutation of sentence. — The commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the latter in the place of the former. Art. 97. Allowance for good conduct. — The good conduct of any prisoner in any penal institution shall entitle him to the following deductions from the period of his sentence: 1. During the first two years of his imprisonment, he shall be allowed a deduction of five days for each month of good behavior; 2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of eight days for each month of good behavior; 3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of ten days for each month of good behavior; and 4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of fifteen days for each month of good behavior. Art. 98. Special time allowance for loyalty. — A deduction of one-fifth of the period of his sentence shall be granted to any prisoner who, having evaded the service of his sentence under the circumstances mentioned in Article 58 of this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe to in said article. Art. 99. Who grants time allowances. — Whenever lawfully justified, the Director of Prisons shall grant allowances for good conduct. Such allowances once granted shall not be revoked. Title Five CIVIL LIABILITY Chapter One PERSON CIVILLY LIABLE FOR FELONIES Art. 100. Civil liability of a person guilty of felony. — Every person criminally liable for a felony is also civilly liable. Art. 101. Rules regarding civil liability in certain cases. — The exemption from criminal liability established in subdivisions 1, 2, 3, 5 and 6 of Article 12 and in subdivision 4 of Article 11 of this Code does not include exemption from civil liability, which shall be enforced subject to the following rules: First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for acts committed by an imbecile or insane person, and by a person under nine years of age, or by one over nine but under fifteen years of age, who has acted without discernment, shall devolve upon those having such person under their legal authority or control, unless it appears that there was no fault or negligence on their part. Should there be no person having such insane, imbecile or minor under his authority, legal guardianship or control, or if such person be insolvent, said insane, imbecile, or minor shall respond with their own property, excepting property exempt from execution, in accordance with the civil law. Second. In cases falling within subdivision 4 of Article 11, the persons for whose benefit the harm has been prevented shall be civilly liable in proportion to the benefit which they may have received. The courts shall determine, in sound discretion, the proportionate amount for which each one shall be liable. When the respective shares cannot be equitably determined, even approximately, or when the liability also attaches to the Government, or to the majority of the inhabitants of the town, and, in all events, whenever the damages have been caused with the consent of the authorities or their agents, indemnification shall be made in the manner prescribed by special laws or regulations. Third. In cases falling within subdivisions 5 and 6 of Article 12, the persons using violence or causing the fears shall be primarily liable and secondarily, or, if there be no such persons, those doing the act shall be liable, saving always to the latter that part of their property exempt from execution. Art. 102. Subsidiary civil liability of innkeepers, tavern keepers and proprietors of establishments. — In default of the persons criminally liable, innkeepers, tavern keepers, and any other persons or corporations shall be civilly liable for crimes committed in their establishments, in all cases where a violation of municipal ordinances or some general or special police regulation shall have been committed by them or their employees. Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft within their houses from guests lodging therein, or for the payment of the value thereof, provided that such guests shall have notified in advance the innkeeper himself, or the person representing him, of the deposit of such goods within the inn; and shall furthermore have followed the directions which such innkeeper or his representative may have given them with respect to the care and vigilance over such goods. No liability shall attach in case of robbery with violence against or intimidation of persons unless committed by the innkeeper's employees. Art. 103. Subsidiary civil liability of other persons. — The subsidiary liability established in the next preceding article shall also apply to employers, teachers, persons, and corporations engaged in any kind of industry for felonies committed by their servants, pupils, workmen, apprentices, or employees in the discharge of their duties. Chapter Two WHAT CIVIL LIABILITY INCLUDES Art. 104. What is included in civil liability. — The civil liability established in Articles 100, 101, 102, and 103 of this Code includes: 1. Restitution; 2. Reparation of the damage caused; 3. Indemnification for consequential damages. Art. 105. Restitution; How made. — The restitution of the thing itself must be made whenever possible, with allowance for any deterioration, or diminution of value as determined by the court. The thing itself shall be restored, even though it be found in the possession of a third person who has acquired it by lawful means, saving to the latter his action against the proper person, who may be liable to him. This provision is not applicable in cases in which the thing has been acquired by the third person in the manner and under the requirements which, by law, bar an action for its recovery. Art. 106. Reparation; How made. — The court shall determine the amount of damage, taking into consideration the price of the thing, whenever possible, and its special sentimental value to the injured party, and reparation shall be made accordingly. Art. 107. Indemnification; What is included. — Indemnification for consequential damages shall include not only those caused the injured party, but also those suffered by his family or by a third person by reason of the crime. Art. 108. Obligation to make restoration, reparation for damages, or indemnification for consequential damages and actions to demand the same; Upon whom it devolves. — The obligation to make restoration or reparation for damages and indemnification for consequential damages devolves upon the heirs of the person liable. The action to demand restoration, reparation, and indemnification likewise descends to the heirs of the person injured. Art. 109. Share of each person civilly liable. — If there are two or more persons civilly liable for a felony, the courts shall determine the amount for which each must respond. Art. 110. Several and subsidiary liability of principals, accomplices and accessories of a felony; Preference in payment. — Notwithstanding the provisions of the next preceding article, the principals, accomplices, and accessories, each within their respective class, shall be liable severally (in solidum) among themselves for their quotas, and subsidiaries for those of the other persons liable. The subsidiary liability shall be enforced, first against the property of the principals; next, against that of the accomplices, and, lastly, against that of the accessories. Whenever the liability in solidum or the subsidiary liability has been enforced, the person by whom payment has been made shall have a right of action against the others for the amount of their respective shares. Art. 111. Obligation to make restitution in certain cases. — Any person who has participated gratuitously in the proceeds of a felony shall be bound to make restitution in an amount equivalent to the extent of such participation. Chapter Three EXTINCTION AND SURVIVAL OF CIVILLIABILITY Art. 112. Extinction of civil liability. — Civil liability established in Articles 100, 101, 102, and 103 of this Code shall be extinguished in the same manner as obligations, in accordance with the provisions of the Civil Law.     Art. 113. Obligation to satisfy civil liability. — Except in case of extinction of his civil liability as provided in the next preceding article the offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by him, notwithstanding the fact that he has served his sentence consisting of deprivation of liberty or other rights, or has not been required to serve the same by reason of amnesty, pardon, commutation of sentence or any other reason.

 

BOOK TWO

CRIMES AND PENALTIES

Title One

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Chapter One

CRIMES AGAINST NATIONAL SECURITY

Section One. — Treason and espionage

Art. 114. Treason. — Any person who, owing allegiance to (the United States

or) the Government of the Philippine Islands, not being a foreigner, levies

war against them or adheres to their enemies, giving them aid or comfort

within the Philippine Islands or elsewhere, shall be punished by reclusion

temporal to death and shall pay a fine not to exceed P20,000 pesos.

No person shall be convicted of treason unless on the testimony of two

witnesses at least to the same overt act or on confession of the accused in

open court.

Likewise, an alien, residing in the Philippine Islands, who commits acts of

treason as defined in paragraph 1 of this Article shall be punished by prision

mayor to death and shall pay a fine not to exceed P20,000 pesos. (As amended

by E.O. No. 44, May 31, 1945).

Art. 115. Conspiracy and proposal to commit treason; Penalty. — The

conspiracy or proposal to commit the crime of treason shall be punished

respectively, by prision mayor and a fine not exceeding P10,000 pesos, and

prision correccional and a fine not exceeding P5,000 pesos.

Art. 116. Misprision of treason. — Every person owing allegiance to (the

United States) the Government of the Philippine Islands, without being a

foreigner, and having knowledge of any conspiracy against them, conceals or

does not disclose and make known the same, as soon as possible to the

governor or fiscal of the province, or the mayor or fiscal of the city in which

he resides, as the case may be, shall be punished as an accessory to the

crime of treason.

Art. 117. Espionage. — The penalty of prision correccional shall be inflicted

upon any person who:

1. Without authority therefor, enters a warship, fort, or naval or military

establishment or reservation to obtain any information, plans,

photographs, or other data of a confidential nature relative to the

defense of the Philippine Archipelago; or

2. Being in possession, by reason of the public office he holds, of the

articles, data, or information referred to in the preceding paragraph,

discloses their contents to a representative of a foreign nation.

The penalty next higher in degree shall be imposed if the offender be a public officer or employee.

Section Two. — Provoking war and disloyalty in case of war

Art. 118. Inciting to war or giving motives for reprisals. — The penalty of

reclusion temporal shall be imposed upon any public officer or employee, and that of prision mayor upon any private individual, who, by unlawful or

unauthorized acts provokes or gives occasion for a war involving or liable to involve the Philippine Islands or exposes Filipino citizens to reprisals on their persons or property.

Art. 119. Violation of neutrality. — The penalty of prision correccional shall be inflicted upon anyone who, on the occasion of a war in which the

Government is not involved, violates any regulation issued by competent

authority for the purpose of enforcing neutrality.

Art. 120. Correspondence with hostile country. — Any person who in time of war, shall have correspondence with an enemy country or territory occupied by enemy troops shall be punished:

1. By prision correccional, if the correspondence has been prohibited by

the Government;

2. By prision mayor, if such correspondence be carried on in ciphers or

conventional signs; and

3. By reclusion temporal, if notice or information be given thereby

which might be useful to the enemy. If the offender intended to aid the

enemy by giving such notice or information, he shall suffer the penalty

of reclusion temporal to death.

Art. 121. Flight to enemy country. — The penalty of arresto mayor shall be inflicted upon any person who, owing allegiance to the Government,

attempts to flee or go to an enemy country when prohibited by competent

authority.

Section Three. — Piracy and mutiny on the high seas

Art. 122. Piracy in general and mutiny on the high seas. — The penalty of reclusion temporal shall be inflicted upon any person who, on the high seas, shall attack or seize a vessel or, not being a member of its complement nor a

passenger, shall seize the whole or part of the cargo of said vessel, its

equipment, or personal belongings of its complement or passengers.

The same penalty shall be inflicted in case of mutiny on the high seas.

Art. 123. Qualified piracy. — The penalty of reclusion temporal to death

shall be imposed upon those who commit any of the crimes referred to in the

preceding article, under any of the following circumstances:

1. Whenever they have seized a vessel by boarding or firing upon the

same;

2. Whenever the pirates have abandoned their victims without means of

saving themselves; or

3. Whenever the crime is accompanied by murder, homicide, physical

injuries or rape.

Title Two

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Chapter One

ARBITRARY DETENTION OR EXPULSION, VIOLATION

OF DWELLING, PROHIBITION, INTERRUPTION, AND

DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES

AGAINST RELIGIOUS WORSHIP

Section One. — Arbitrary detention and expulsion

Art. 124. Arbitrary detention. — Any public officer or employee who, without

legal grounds, detains a person, shall suffer;

1. The penalty of arresto mayor in its maximum period to prision

correccional in its minimum period, if the detention has not exceeded

three days;

2. The penalty of prision correccional in its medium and maximum

periods, if the detention has continued more than three but not more

than fifteen days;

3. The penalty of prision mayor, if the detention has continued for more

than fifteen days but not more than six months; and

4. That of reclusion temporal, if the detention shall have exceeded six

months.

The commission of a crime, or violent insanity or any other ailment

requiring the compulsory confinement of the patient in a hospital, shall be

considered legal grounds for the detention of any person.

Art. 125. Delay in the delivery of detained persons to the proper judicial

authorities. — The penalties provided in the next preceding article shall be

imposed upon the public officer or employee who shall detain any person for

some legal ground and shall fail to deliver such person to the proper judicial

authorities within the period of; twelve (12) hours, for crimes or offenses

punishable by light penalties, or their equivalent; eighteen (18) hours, for

crimes or offenses punishable by correctional penalties, or their equivalent

and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or

capital penalties, or their equivalent.

In every case, the person detained shall be informed of the cause of his

detention and shall be allowed upon his request, to communicate and confer

at any time with his attorney or counsel. (As amended by E.O. Nos. 59 and 272, Nov.

7, 1986 and July 25, 1987, respectively).

Art. 126. Delaying release. — The penalties provided for in Article 124 shall

be imposed upon any public officer or employee who delays for the period of

time specified therein the performance of any judicial or executive order for

the release of a prisoner or detention prisoner, or unduly delays the service

of the notice of such order to said prisoner or the proceedings upon any

petition for the liberation of such person.

Art. 127. Expulsion. — The penalty of prision correccional shall be imposed

upon any public officer or employee who, not being thereunto authorized by

law, shall expel any person from the Philippine Islands or shall compel such

person to change his residence.

Section Two. — Violation of domicile

Art. 128. Violation of domicile. — The penalty of prision correccional in its

minimum period shall be imposed upon any public officer or employee who,

not being authorized by judicial order, shall enter any dwelling against the

will of the owner thereof, search papers or other effects found therein

without the previous consent of such owner, or having surreptitiously

entered said dwelling, and being required to leave the premises, shall refuse

to do so.

If the offense be committed in the night-time, or if any papers or effects not

constituting evidence of a crime be not returned immediately after the

search made by the offender, the penalty shall be prision correccional in its

medium and maximum periods.

Art. 129. Search warrants maliciously obtained and abuse in the service of

those legally obtained. — In addition to the liability attaching to the

offender for the commission of any other offense, the penalty of arresto

mayor in its maximum period to prision correccional in its minimum period

and a fine not exceeding P1,000 pesos shall be imposed upon any public

officer or employee who shall procure a search warrant without just cause,

or, having legally procured the same, shall exceed his authority or use

unnecessary severity in executing the same.

Art. 130. Searching domicile without witnesses. — The penalty of arresto

mayor in its medium and maximum periods shall be imposed upon a public

officer or employee who, in cases where a search is proper, shall search the

domicile, papers or other belongings of any person, in the absence of the

latter, any member of his family, or in their default, without the presence of

two witnesses residing in the same locality.

Section Three. — Prohibition, interruption

and dissolution of peaceful meetings

Art. 131. Prohibition, interruption and dissolution of peaceful meetings. —

The penalty of prision correccional in its minimum period shall be imposed

upon any public officer or employee who, without legal ground, shall prohibit

or interrupt the holding of a peaceful meeting, or shall dissolve the same.

The same penalty shall be imposed upon a public officer or employee who

shall hinder any person from joining any lawful association or from attending

any of its meetings.

The same penalty shall be imposed upon any public officer or employee who

shall prohibit or hinder any person from addressing, either alone or together

with others, any petition to the authorities for the correction of abuses or

redress of grievances.

Section Four. — Crimes against religious worship

Art. 132. Interruption of religious worship. — The penalty of prision

correccional in its minimum period shall be imposed upon any public officer

or employee who shall prevent or disturb the ceremonies or manifestations

of any religion.

If the crime shall have been committed with violence or threats, the penalty

shall be prision correccional in its medium and maximum periods.

Art. 133. Offending the religious feelings. — The penalty of arresto mayor in

its maximum period to prision correccional in its minimum period shall be

imposed upon anyone who, in a place devoted to religious worship or during

the celebration of any religious ceremony shall perform acts notoriously

offensive to the feelings of the faithful.

Title Three

CRIMES AGAINST PUBLIC ORDER

Chapter One

REBELLION, SEDITION AND DISLOYALTY

Art. 134. Rebellion or insurrection; How committed. — The crime of rebellion

or insurrection is committed by rising publicly and taking arms against the

Government for the purpose of removing from the allegiance to said

Government or its laws, the territory of the Philippine Islands or any part

thereof, of any body of land, naval or other armed forces, depriving the Chief

Executive or the Legislature, wholly or partially, of any of their powers or

prerogatives. (As amended by R.A. 6968).

Article 134-A. Coup d'etat; How committed. — The crime of coup d'etat is a

swift attack accompanied by violence, intimidation, threat, strategy or

stealth, directed against duly constituted authorities of the Republic of the

Philippines, or any military camp or installation, communications network,

public utilities or other facilities needed for the exercise and continued

possession of power, singly or simultaneously carried out anywhere in the

Philippines by any person or persons, belonging to the military or police or

holding any public office of employment with or without civilian support or

participation for the purpose of seizing or diminishing state power. (As

amended by R.A. 6968).

Art. 135. Penalty for rebellion, insurrection or coup d'etat. — Any person

who promotes, maintains, or heads rebellion or insurrection shall suffer the

penalty of reclusion perpetua.

Any person merely participating or executing the commands of others in a

rebellion shall suffer the penalty of reclusion temporal.

Any person who leads or in any manner directs or commands others to

undertake a coup d'etat shall suffer the penalty of reclusion perpetua.

Any person in the government service who participates, or executes

directions or commands of others in undertaking a coup d'etat shall suffer

the penalty of prision mayor in its maximum period.

Any person not in the government service who participates, or in any

manner supports, finances, abets or aids in undertaking a coup d'etat shall

suffer the penalty of reclusion temporal in its maximum period.

When the rebellion, insurrection, or coup d'etat shall be under the command

of unknown leaders, any person who in fact directed the others, spoke for

them, signed receipts and other documents issued in their name, as

performed similar acts, on behalf or the rebels shall be deemed a leader of

such a rebellion, insurrection, or coup d'etat. (As amended by R.A. 6968, approved

on October 24, 1990).

Art. 136. Conspiracy and proposal to commit coup d'etat, rebellion or

insurrection. — The conspiracy and proposal to commit coup d'etat shall be

punished by prision mayor in minimum period and a fine which shall not

exceed eight thousand pesos (P8,000.00).

The conspiracy and proposal to commit rebellion or insurrection shall be

punished respectively, by prision correccional in its maximum period and a

fine which shall not exceed five thousand pesos (P5,000.00) and by prision

correccional in its medium period and a fine not exceeding two thousand

pesos (P2,000.00). (As amended by R.A. 6968, approved October 24, 1990).

Art. 137. Disloyalty of public officers or employees. — The penalty of prision

correccional in its minimum period shall be imposed upon public officers or

employees who have failed to resist a rebellion by all the means in their

power, or shall continue to discharge the duties of their offices under the

control of the rebels or shall accept appointment to office under them.

(Reinstated by E.O. No. 187).

Art. 138. Inciting a rebellion or insurrection. — The penalty of prision mayor

in its minimum period shall be imposed upon any person who, without

taking arms or being in open hostility against the Government, shall incite

others to the execution of any of the acts specified in article 134 of this

Code, by means of speeches, proclamations, writings, emblems, banners or

other representations tending to the same end. (Reinstated by E.O. No. 187).

Art. 139. Sedition; How committed. — The crime of sedition is committed by

persons who rise publicly and tumultuously in order to attain by force,

intimidation, or by other means outside of legal methods, any of the

following objects:

1. To prevent the promulgation or execution of any law or the holding of

any popular election;

2. To prevent the National Government, or any provincial or municipal

government or any public officer thereof from freely exercising its or his

functions, or prevent the execution of any administrative order;

3. To inflict any act of hate or revenge upon the person or property of

any public officer or employee;

4. To commit, for any political or social end, any act of hate or revenge

against private persons or any social class; and

5. To despoil, for any political or social end, any person, municipality or

province, or the National Government (or the Government of the United

States), of all its property or any part thereof.

Art. 140. Penalty for sedition. — The leader of a sedition shall suffer the

penalty of prision mayor in its minimum period and a fine not exceeding

10,000 pesos.

Other persons participating therein shall suffer the penalty of prision

correccional in its maximum period and a fine not exceeding 5,000 pesos.

(Reinstated by E.O. No. 187).

Art. 141. Conspiracy to commit sedition. — Persons conspiring to commit

the crime of sedition shall be punished by prision correccional in its medium

period and a fine not exceeding 2,000 pesos. (Reinstated by E.O. No. 187).

Art. 142. Inciting to sedition. — The penalty of prision correccional in its

maximum period and a fine not exceeding 2,000 pesos shall be imposed upon

any person who, without taking any direct part in the crime of sedition,

should incite others to the accomplishment of any of the acts which

constitute sedition, by means of speeches, proclamations, writings, emblems,

cartoons, banners, or other representations tending to the same end, or upon

any person or persons who shall utter seditious words or speeches, write,

publish, or circulate scurrilous libels against the Government (of the United

States or the Government of the Commonwealth) of the Philippines, or any of

the duly constituted authorities thereof, or which tend to disturb or obstruct

any lawful officer in executing the functions of his office, or which tend to

instigate others to cabal and meet together for unlawful purposes, or which

suggest or incite rebellious conspiracies or riots, or which lead or tend to stir

up the people against the lawful authorities or to disturb the peace of the

community, the safety and order of the Government, or who shall knowingly

conceal such evil practices. (Reinstated by E.O. No. 187).

(Read RA 9372, Human Security Act of 2007 or the Anti-Terrorism Act)

 

Chapter Two

CRIMES AGAINST POPULAR REPRESENTATION

Section One. — Crimes against legislative bodies and similar bodies

Art. 143. Act tending to prevent the meeting of the Assembly and similar

bodies. — The penalty of prision correccional or a fine ranging from 200 to

2,000 pesos, or both, shall be imposed upon any person who, by force or

fraud, prevents the meeting of the National Assembly (Congress of the

Philippines) or of any of its committees or subcommittees, constitutional

commissions or committees or divisions thereof, or of any provincial board

or city or municipal council or board. (Reinstated by E.O. No. 187).

Art. 144. Disturbance of proceedings. — The penalty of arresto mayor or a

fine from 200 to 1,000 pesos shall be imposed upon any person who disturbs

the meetings of the National Assembly (Congress of the Philippines) or of any

of its committees or subcommittees, constitutional commissions or

committees or divisions thereof, or of any provincial board or city or

municipal council or board, or in the presence of any such bodies should

behave in such manner as to interrupt its proceedings or to impair the

respect due it. (Reinstated by E.O. No. 187).

Section Two. — Violation of parliamentary immunity

Art. 145. Violation of parliamentary immunity. — The penalty of prision

mayor shall be imposed upon any person who shall use force, intimidation,

threats, or fraud to prevent any member of the National Assembly (Congress

of the Philippines) from attending the meetings of the Assembly (Congress)

or of any of its committees or subcommittees, constitutional commissions or

committees or divisions thereof, from expressing his opinions or casting his

vote; and the penalty of prision correccional shall be imposed upon any

public officer or employee who shall, while the Assembly (Congress) is in

regular or special session, arrest or search any member thereof, except in

case such member has committed a crime punishable under this Code by a

penalty higher than prision mayor.

Chapter Three

ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Art. 146. Illegal assemblies. — The penalty of prision correccional in its

maximum period to prision mayor in its medium period shall be imposed

upon the organizers or leaders of any meeting attended by armed persons for

the purpose of committing any of the crimes punishable under this Code, or

of any meeting in which the audience is incited to the commission of the

crime of treason, rebellion or insurrection, sedition or assault upon a person

in authority or his agents. Persons merely present at such meeting shall

suffer the penalty of arresto mayor, unless they are armed, in which case the

penalty shall be prision correccional.

If any person present at the meeting carries an unlicensed firearm, it shall be

presumed that the purpose of said meeting, insofar as he is concerned, is to

commit acts punishable under this Code, and he shall be considered a leader

or organizer of the meeting within the purview of the preceding paragraph.

As used in this article, the word "meeting" shall be understood to include a

gathering or group, whether in a fixed place or moving. (Reinstated by E.O. No.

187).

Art. 147. Illegal associations. — The penalty of prision correccional in its

minimum and medium periods and a fine not exceeding 1,000 pesos shall be

imposed upon the founders, directors, and presidents of associations totally

or partially organized for the purpose of committing any of the crimes

punishable under this Code or for some purpose contrary to public morals.

Mere members of said associations shall suffer the penalty of arresto mayor.

(Read Executive Order 167, Reviving RA 1700, Anti-Subversion Act).

 

Chapter Four

ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE

TO, PERSONS IN AUTHORITY AND THEIR AGENTS

Art. 148. Direct assaults. — Any person or persons who, without a public

uprising, shall employ force or intimidation for the attainment of any of the

purpose enumerated in defining the crimes of rebellion and sedition, or shall

attack, employ force, or seriously intimidate or resist any person in

authority or any of his agents, while engaged in the performance of official

duties, or on occasion of such performance, shall suffer the penalty of

prision correccional in its medium and maximum periods and a fine not

exceeding P1,000 pesos, when the assault is committed with a weapon or

when the offender is a public officer or employee, or when the offender lays

hands upon a person in authority. If none of these circumstances be present,

the penalty of prision correccional in its minimum period and a fine not

exceeding P500 pesos shall be imposed.

Art. 149. Indirect assaults. — The penalty of prision correccional in its

minimum and medium periods and a fine not exceeding P500 pesos shall be

imposed upon any person who shall make use of force or intimidation upon

any person coming to the aid of the authorities or their agents on occasion

of the commission of any of the crimes defined in the next preceding article.

Art. 150. Disobedience to summons issued by the National Assembly, its

committees or subcommittees, by the Constitutional Commissions, its

committees, subcommittees or divisions. — The penalty of arresto mayor or a

fine ranging from two hundred to one thousand pesos, or both such fine and

imprisonment shall be imposed upon any person who, having been duly

summoned to attend as a witness before the National Assembly, (Congress),

its special or standing committees and subcommittees, the Constitutional

Commissions and its committees, subcommittees, or divisions, or before any

commission or committee chairman or member authorized to summon

witnesses, refuses, without legal excuse, to obey such summons, or being

present before any such legislative or constitutional body or official, refuses

to be sworn or placed under affirmation or to answer any legal inquiry or to

produce any books, papers, documents, or records in his possession, when

required by them to do so in the exercise of their functions. The same

penalty shall be imposed upon any person who shall restrain another from

attending as a witness, or who shall induce disobedience to a summon or

refusal to be sworn by any such body or official.

Art. 151. Resistance and disobedience to a person in authority or the agents

of such person. — The penalty of arresto mayor and a fine not exceeding 500

pesos shall be imposed upon any person who not being included in the

provisions of the preceding articles shall resist or seriously disobey any

person in authority, or the agents of such person, while engaged in the

performance of official duties.

When the disobedience to an agent of a person in authority is not of a

serious nature, the penalty of arresto menor or a fine ranging from 10 to

P100 pesos shall be imposed upon the offender.

Art. 152. Persons in authority and agents of persons in authority; Who

shall be deemed as such. — In applying the provisions of the preceding and

other articles of this Code, any person directly vested with jurisdiction,

whether as an individual or as a member of some court or governmental

corporation, board, or commission, shall be deemed a person in authority. A

barrio captain and a barangay chairman shall also be deemed a person in

authority.

A person who, by direct provision of law or by election or by appointment by

competent authority, is charged with the maintenance of public order and

the protection and security of life and property, such as a barrio councilman,

barrio policeman and barangay leader and any person who comes to the aid

of persons in authority, shall be deemed an agent of a person in authority.

In applying the provisions of Articles 148 and 151 of this Code, teachers,

professors and persons charged with the supervision of public or duly

recognized private schools, colleges and universities, and lawyers in the

actual performance of their professional duties or on the occasion of such

performance, shall be deemed persons in authority. (As amended by PD No. 299, Sept. 19, 1973 and Batas Pambansa Blg. 873, June 12, 1985).

 

Chapter Five

PUBLIC DISORDERS

Art. 153. Tumults and other disturbance of public orders; Tumultuous

disturbance or interruption liable to cause disturbance. — The penalty of

arresto mayor in its medium period to prision correccional in its minimum

period and a fine not exceeding 1,000 pesos shall be imposed upon any

person who shall cause any serious disturbance in a public place, office, or

establishment, or shall interrupt or disturb public performances, functions or

gatherings, or peaceful meetings, if the act is not included in the provisions

of Articles 131 and 132.

The penalty next higher in degree shall be imposed upon persons causing any

disturbance or interruption of a tumultuous character.

The disturbance or interruption shall be deemed to be tumultuous if caused

by more than three persons who are armed or provided with means of

violence.

The penalty of arresto mayor shall be imposed upon any person who in any

meeting, association, or public place, shall make any outcry tending to incite

rebellion or sedition or in such place shall display placards or emblems which

provoke a disturbance of the public order.

The penalty of arresto menor and a fine not to exceed P200 pesos shall be

imposed upon these persons who in violation of the provisions contained in

the last clause of Article 85, shall bury with pomp the body of a person who

has been legally executed.

Art. 154. Unlawful use of means of publication and unlawful utterances. —

The penalty of arresto mayor and a fine ranging from P200 to P1,000 pesos

shall be imposed upon:

1. Any person who by means of printing, lithography, or any other

means of publication shall publish or cause to be published as news any

false news which may endanger the public order, or cause damage to the

interest or credit of the State;

2. Any person who by the same means, or by words, utterances or

speeches shall encourage disobedience to the law or to the constituted

authorities or praise, justify, or extol any act punished by law;

3. Any person who shall maliciously publish or cause to be published

any official resolution or document without proper authority, or before

they have been published officially; or

4. Any person who shall print, publish, or distribute or cause to be

printed, published, or distributed books, pamphlets, periodicals, or

leaflets which do not bear the real printer's name, or which are

classified as anonymous.

Art. 155. Alarms and scandals. — The penalty of arresto menor or a fine not

exceeding P200 pesos shall be imposed upon:

1. Any person who within any town or public place, shall discharge any

firearm, rocket, firecracker, or other explosives calculated to cause

alarm or danger;

2. Any person who shall instigate or take an active part in any charivari

or other disorderly meeting offensive to another or prejudicial to public

tranquility;

3. Any person who, while wandering about at night or while engaged in

any other nocturnal amusements, shall disturb the public peace; or

4. Any person who, while intoxicated or otherwise, shall cause any

disturbance or scandal in public places, provided that the circumstances

of the case shall not make the provisions of Article 153 applicable.

Art. 156. Delivery of prisoners from jails. — The penalty of arresto mayor in

its maximum period of prision correccional in its minimum period shall be

imposed upon any person who shall remove from any jail or penal

establishment any person confined therein or shall help the escape of such

person, by means of violence, intimidation, or bribery. If other means are

used, the penalty of arresto mayor shall be imposed.

If the escape of the prisoner shall take place outside of said establishments

by taking the guards by surprise, the same penalties shall be imposed in

their minimum period.

Chapter Six

EVASION OF SERVICE OF SENTENCE

Art. 157. Evasion of service of sentence. — The penalty of prision

correccional in its medium and maximum periods shall be imposed upon any

convict who shall evade service of his sentence by escaping during the term

of his imprisonment by reason of final judgment. However, if such evasion or

escape shall have taken place by means of unlawful entry, by breaking doors,

windows, gates, walls, roofs, or floors, or by using picklocks, false keys,

deceit, violence or intimidation, or through connivance with other convicts

or employees of the penal institution, the penalty shall be prision

correccional in its maximum period.

Art. 158. Evasion of service of sentence on the occasion of disorder,

conflagrations, earthquakes, or other calamities. — A convict who shall

evade the service of his sentence, by leaving the penal institution where he

shall have been confined, on the occasion of disorder resulting from a

conflagration, earthquake, explosion, or similar catastrophe, or during a

mutiny in which he has not participated, shall suffer an increase of one-fifth

of the time still remaining to be served under the original sentence, which in

no case shall exceed six months, if he shall fail to give himself up to the

authorities within forty-eight hours following the issuance of a proclamation

by the Chief Executive announcing the passing away of such calamity.

Convicts who, under the circumstances mentioned in the preceding

paragraph, shall give themselves up to the authorities within the above

mentioned period of 48 hours, shall be entitled to the deduction provided in

Article 98.

Art. 159. Other cases of evasion of service of sentence. — The penalty of

prision correccional in its minimum period shall be imposed upon the

convict who, having been granted conditional pardon by the Chief Executive,

shall violate any of the conditions of such pardon. However, if the penalty

remitted by the granting of such pardon be higher than six years, the convict

shall then suffer the unexpired portion of his original sentence.

Chapter Seven

COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED

FOR ANOTHER PREVIOUS OFFENSE

Art. 160. Commission of another crime during service of penalty imposed

for another offense; Penalty. — Besides the provisions of Rule 5 of Article

62, any person who shall commit a felony after having been convicted by

final judgment, before beginning to serve such sentence, or while serving the

same, shall be punished by the maximum period of the penalty prescribed by

law for the new felony.

Any convict of the class referred to in this article, who is not a habitual

criminal, shall be pardoned at the age of seventy years if he shall have

already served out his original sentence, or when he shall complete it after

reaching the said age, unless by reason of his conduct or other

circumstances he shall not be worthy of such clemency.

Title Four

CRIMES AGAINST PUBLIC INTEREST

Chapter One

F O R G E R I E S

Section One. — Forging the seal of the Government of the

Philippine Islands, the signature or stamp of the Chief Executive.

Art. 161. Counterfeiting the great seal of the Government of the Philippine

Islands, forging the signature or stamp of the Chief Executive. — The

penalty of reclusion temporal shall be imposed upon any person who shall

forge the Great Seal of the Government of the Philippine Islands or the

signature or stamp of the Chief Executive.

Art. 162. Using forged signature or counterfeit seal or stamp. — The penalty

of prision mayor shall be imposed upon any person who shall knowingly

make use of the counterfeit seal or forged signature or stamp mentioned in

the preceding article.

Section Two. — Counterfeiting Coins

Art. 163. Making and importing and uttering false coins. — Any person who

makes, imports, or utters, false coins, in connivance with counterfeiters, or

importers, shall suffer:

1. Prision mayor in its minimum and medium periods and a fine not to

exceed P10,000 pesos, if the counterfeited coin be silver coin of the

Philippines or coin of the Central Bank of the Philippines of ten centavo

denomination or above.

2. Prision correccional in its minimum and medium periods and a fine

of not to exceed P2,000 pesos, if the counterfeited coins be any of the

minor coinage of the Philippines or of the Central Bank of the

Philippines below ten-centavo denomination.

3. Prision correccional in its minimum period and a fine not to exceed

P1,000 pesos, if the counterfeited coin be currency of a foreign country.

(As amended by R.A. No. 4202, approved June 19, 1965).

Art. 164. Mutilation of coins; Importation and utterance of mutilated coins.

— The penalty of prision correccional in its minimum period and a fine not

to exceed P2,000 pesos shall be imposed upon any person who shall mutilate

coins of the legal currency of the United States or of the Philippine Islands

or import or utter mutilated current coins, or in connivance with mutilators

or importers.

Art. 165. Selling of false or mutilated coin, without connivance. — The

person who knowingly, although without the connivance mentioned in the

preceding articles, shall possess false or mutilated coin with intent to utter

the same, or shall actually utter such coin, shall suffer a penalty lower by

one degree than that prescribed in said articles.

Section Three. — Forging treasury or bank notes, obligations and securities;

importing and uttering false or forged notes,

obligations and securities.

Art. 166. Forging treasury or bank notes on other documents payable to

bearer; importing, and uttering such false or forged notes and documents.

— The forging or falsification of treasury or bank notes or certificates or

other obligations and securities payable to bearer and the importation and

uttering in connivance with forgers or importers of such false or forged

obligations or notes, shall be punished as follows:

1. By reclusion temporal in its minimum period and a fine not to exceed

P10,000 pesos, if the document which has been falsified, counterfeited,

or altered, is an obligations or security of the United States or of the

Philippines Islands.

The word "obligation or security of the United States or of the

Philippine Islands" shall be held to mean all bonds, certificates of

indebtedness, national bank notes, fractional notes, certificates of

deposit, bills, checks, or drafts for money, drawn by or upon authorized

officers of the United States or of the Philippine Islands, and other

representatives of value, of whatever denomination, which have been or

may be issued under any act of the Congress of the United States or of

the Philippine Legislature.

2. By prision mayor in its maximum period and a fine not to exceed

P5,000 pesos, if the falsified or altered document is a circulating note

issued by any banking association duly authorized by law to issue the

same.

3. By prision mayor in its medium period and a fine not to exceed

P5,000 pesos, if the falsified or counterfeited document was issued by a

foreign government.

4. By prision mayor in its minimum period and a fine not to exceed

P2,000 pesos, when the forged or altered document is a circulating note

or bill issued by a foreign bank duly authorized therefor.

Art. 167. Counterfeiting, importing and uttering instruments not payable to

bearer. — Any person who shall forge, import or utter, in connivance with

the forgers or importers, any instrument payable to order or other document

of credit not payable to bearer, shall suffer the penalties of prision

correccional in its medium and maximum periods and a fine not exceeding

P6,000 pesos.

Art. 168. Illegal possession and use of false treasury or bank notes and

other instruments of credit. — Unless the act be one of those coming under

the provisions of any of the preceding articles, any person who shall

knowingly use or have in his possession, with intent to use any of the false

or falsified instruments referred to in this section, shall suffer the penalty

next lower in degree than that prescribed in said articles.

Art. 169. How forgery is committed. — The forgery referred to in this section

may be committed by any of the following means:

1. By giving to a treasury or bank note or any instrument, payable to

bearer or order mentioned therein, the appearance of a true genuine

document.

2. By erasing, substituting, counterfeiting or altering by any means the

figures, letters, words or signs contained therein.

Section Four. — Falsification of legislative, public, commercial, and

privatedocuments, and wireless, telegraph, and telephone message.

Art. 170. Falsification of legislative documents. — The penalty of prision

correccional in its maximum period and a fine not exceeding P6,000 pesos

shall be imposed upon any person who, without proper authority therefor

alters any bill, resolution, or ordinance enacted or approved or pending

approval by either House of the Legislature or any provincial board or

municipal council.

Art. 171. Falsification by public officer, employee or notary or ecclesiastic

minister. — The penalty of prision mayor and a fine not to exceed P5,000

pesos shall be imposed upon any public officer, employee, or notary who,

taking advantage of his official position, shall falsify a document by

committing any of the following acts:

1. Counterfeiting or imitating any handwriting, signature or rubric;

2. Causing it to appear that persons have participated in any act or

proceeding when they did not in fact so participate;

3. Attributing to persons who have participated in an act or proceeding

statements other than those in fact made by them;

4. Making untruthful statements in a narration of facts;

5. Altering true dates;

6. Making any alteration or intercalation in a genuine document which

changes its meaning;

7. Issuing in an authenticated form a document purporting to be a copy

of an original document when no such original exists, or including in

such a copy a statement contrary to, or different from, that of the

genuine original; or

8. Intercalating any instrument or note relative to the issuance thereof

in a protocol, registry, or official book.

The same penalty shall be imposed upon any ecclesiastical minister who

shall commit any of the offenses enumerated in the preceding paragraphs of

this article, with respect to any record or document of such character that

its falsification may affect the civil status of persons.

Art. 172. Falsification by private individual and use of falsified documents.

— The penalty of prision correccional in its medium and maximum periods

and a fine of not more than P5,000 pesos shall be imposed upon:

1. Any private individual who shall commit any of the falsifications

enumerated in the next preceding article in any public or official

document or letter of exchange or any other kind of commercial

document; and

2. Any person who, to the damage of a third party, or with the intent to

cause such damage, shall in any private document commit any of the

acts of falsification enumerated in the next preceding article.

Any person who shall knowingly introduce in evidence in any judicial

proceeding or to the damage of another or who, with the intent to cause

such damage, shall use any of the false documents embraced in the next

preceding article, or in any of the foregoing subdivisions of this article, shall

be punished by the penalty next lower in degree.

Art. 173. Falsification of wireless, cable, telegraph and telephone

messages, and use of said falsified messages. — The penalty of prision

correccional in its medium and maximum periods shall be imposed upon

officer or employee of the Government or of any private corporation or

concern engaged in the service of sending or receiving wireless, cable or

telephone message who utters a fictitious wireless, telegraph or telephone

message of any system or falsifies the same.

Any person who shall use such falsified dispatch to the prejudice of a third

party or with the intent of cause such prejudice, shall suffer the penalty next

lower in degree.

Section Five. — Falsification of medical certificates,

certificates of merit or services and the like.

Art. 174. False medical certificates, false certificates of merits or service,

etc. — The penalties of arresto mayor in its maximum period to prision

correccional in its minimum period and a fine not to exceed P1,000 pesos

shall be imposed upon:

1. Any physician or surgeon who, in connection, with the practice of his

profession, shall issue a false certificate; and

2. Any public officer who shall issue a false certificate of merit of

service, good conduct or similar circumstances.

The penalty of arresto mayor shall be imposed upon any private person who

shall falsify a certificate falling within the classes mentioned in the two

preceding subdivisions.

Art. 175. Using false certificates. — The penalty of arresto menor shall be

imposed upon any one who shall knowingly use any of the false certificates

mentioned in the next preceding article.

Section Six. — Manufacturing, importing and possession of instruments or

implements intended for the commission of falsification.

Art. 176. Manufacturing and possession of instruments or implements for

falsification. — The penalty of prision correccional in its medium and

maximum periods and a fine not to exceed P10,000 pesos shall be imposed

upon any person who shall make or introduce into the Philippine Islands any

stamps, dies, marks, or other instruments or implements intended to be

used in the commission of the offenses of counterfeiting or falsification

mentioned in the preceding sections of this Chapter.

Any person who, with the intention of using them, shall have in his

possession any of the instruments or implements mentioned in the

preceding paragraphs, shall suffer the penalty next lower in degree than that

provided therein.

Chapter Two

OTHER FALSIFICATIONS

Sec. One. — Usurpation of authority, rank, title, and improper use of names,

uniforms and insignia.

Art. 177. Usurpation of authority or official functions. — Any person who

shall knowingly and falsely represent himself to be an officer, agent or

representative of any department or agency of the Philippine Government or

of any foreign government, or who, under pretense of official position, shall

perform any act pertaining to any person in authority or public officer of the

Philippine Government or any foreign government, or any agency thereof,

without being lawfully entitled to do so, shall suffer the penalty of prision

correccional in its minimum and medium periods.

Art. 178. Using fictitious name and concealing true name. — The penalty of

arresto mayor and a fine not to exceed 500 pesos shall be imposed upon any

person who shall publicly use a fictitious name for the purpose of concealing

a crime, evading the execution of a judgment or causing damage.

Any person who conceals his true name and other personal circumstances

shall be punished by arresto menor or a fine not to exceed 200 pesos.

Art. 179. Illegal use of uniforms or insignia. — The penalty of arresto mayor

shall be imposed upon any person who shall publicly and improperly make

use of insignia, uniforms or dress pertaining to an office not held by such

person or to a class of persons of which he is not a member.

Section Two. — False testimony

Art. 180. False testimony against a defendant. — Any person who shall give

false testimony against the defendant in any criminal case shall suffer:

1. The penalty of reclusion temporal, if the defendant in said case shall

have been sentenced to death;

2. The penalty of prision mayor, if the defendant shall have been

sentenced to reclusion temporal or reclusion perpetua;

3. The penalty of prision correccional, if the defendant shall have been

sentenced to any other afflictive penalty; and

4. The penalty of arresto mayor, if the defendant shall have been

sentenced to a correctional penalty or a fine, or shall have been

acquitted.

In cases provided in subdivisions 3 and 4 of this article the offender shall

further suffer a fine not to exceed 1,000 pesos.

Art. 181. False testimony favorable to the defendants. — Any person who

shall give false testimony in favor of the defendant in a criminal case, shall

suffer the penalties of arresto mayor in its maximum period to prision

correccional in its minimum period a fine not to exceed 1,000 pesos, if the

prosecution is for a felony punishable by an afflictive penalty, and the

penalty of arresto mayor in any other case.

Art. 182. False testimony in civil cases. — Any person found guilty of false

testimony in a civil case shall suffer the penalty of prision correccional in its

minimum period and a fine not to exceed 6,000 pesos, if the amount in

controversy shall exceed 5,000 pesos, and the penalty of arresto mayor in its

maximum period to prision correccional in its minimum period and a fine

not to exceed 1,000 pesos, if the amount in controversy shall not exceed

said amount or cannot be estimated.

Art. 183. False testimony in other cases and perjury in solemn affirmation.

— The penalty of arresto mayor in its maximum period to prision

correccional in its minimum period shall be imposed upon any person, who

knowingly makes untruthful statements and not being included in the

provisions of the next preceding articles, shall testify under oath, or make an

affidavit, upon any material matter before a competent person authorized to

administer an oath in cases in which the law so requires.

Any person who, in case of a solemn affirmation made in lieu of an oath,

shall commit any of the falsehoods mentioned in this and the three

preceding articles of this section, shall suffer the respective penalties

provided therein.

Art. 184. Offering false testimony in evidence. — Any person who shall

knowingly offer in evidence a false witness or testimony in any judicial or

official proceeding, shall be punished as guilty of false testimony and shall

suffer the respective penalties provided in this section.

Chapter Three

F R A U D S

Section One. — Machinations, monopolies and combinations

Art. 185. Machinations in public auctions. — Any person who shall solicit

any gift or promise as a consideration for refraining from taking part in any

public auction, and any person who shall attempt to cause bidders to stay

away from an auction by threats, gifts, promises, or any other artifice, with

intent to cause the reduction of the price of the thing auctioned, shall suffer

the penalty of prision correccional in its minimum period and a fine ranging

from 10 to 50 per centum of the value of the thing auctioned.

Art. 186. Monopolies and combinations in restraint of trade. — The penalty

of prision correccional in its minimum period or a fine ranging from 200 to

6,000 pesos, or both, shall be imposed upon:

1. Any person who shall enter into any contract or agreement or shall

take part in any conspiracy or combination in the form of a trust or

otherwise, in restraint of trade or commerce or to prevent by artificial

means free competition in the market;

2. Any person who shall monopolize any merchandise or object of trade

or commerce, or shall combine with any other person or persons to

monopolize and merchandise or object in order to alter the price thereof

by spreading false rumors or making use of any other article to restrain

free competition in the market;

3. Any person who, being a manufacturer, producer, or processor of any

merchandise or object of commerce or an importer of any merchandise

or object of commerce from any foreign country, either as principal or

agent, wholesaler or retailer, shall combine, conspire or agree in any

manner with any person likewise engaged in the manufacture,

production, processing, assembling or importation of such merchandise

or object of commerce or with any other persons not so similarly

engaged for the purpose of making transactions prejudicial to lawful

commerce, or of increasing the market price in any part of the

Philippines, of any such merchandise or object of commerce

manufactured, produced, processed, assembled in or imported into the

Philippines, or of any article in the manufacture of which such

manufactured, produced, or imported merchandise or object of

commerce is used.

If the offense mentioned in this article affects any food substance, motor

fuel or lubricants, or other articles of prime necessity, the penalty shall be

that of prision mayor in its maximum and medium periods it being sufficient

for the imposition thereof that the initial steps have been taken toward

carrying out the purposes of the combination.

Any property possessed under any contract or by any combination

mentioned in the preceding paragraphs, and being the subject thereof, shall

be forfeited to the Government of the Philippines.

Whenever any of the offenses described above is committed by a corporation

or association, the president and each one of its agents or representatives in

the Philippines in case of a foreign corporation or association, who shall have

knowingly permitted or failed to prevent the commission of such offense,

shall be held liable as principals thereof.

Section Two. — Frauds in commerce and industry

Art. 187. Importation and disposition of falsely marked articles or

merchandise made of gold, silver, or other precious metals or their alloys.

— The penalty of prision correccional or a fine ranging from 200 to 1,000

pesos, or both, shall be imposed on any person who shall knowingly import

or sell or dispose of any article or merchandise made of gold, silver, or other

precious metals, or their alloys, with stamps, brands, or marks which fail to

indicate the actual fineness or quality of said metals or alloys.

Any stamp, brand, label, or mark shall be deemed to fail to indicate the

actual fineness of the article on which it is engraved, printed, stamped,

labeled or attached, when the rest of the article shows that the quality or

fineness thereof is less by more than one-half karat, if made of gold, and less

by more than four one-thousandth, if made of silver, than what is shown by

said stamp, brand, label or mark. But in case of watch cases and flatware

made of gold, the actual fineness of such gold shall not be less by more than

three one-thousandth than the fineness indicated by said stamp, brand,

label, or mark.

Art. 188. Subsisting and altering trade-mark, trade-names, or service

marks. — The penalty of prision correccional in its minimum period or a fine

ranging from 50 to 2,000 pesos, or both, shall be imposed upon:

1. Any person who shall substitute the trade name or trade-mark of

some other manufacturer or dealer or a colorable imitation thereof, for

the trademark of the real manufacturer or dealer upon any article of

commerce and shall sell the same;

2. Any person who shall sell such articles of commerce or offer the same

for sale, knowing that the trade-name or trade- mark has been

fraudulently used in such goods as described in the preceding

subdivision;

3. Any person who, in the sale or advertising of his services, shall use or

substitute the service mark of some other person, or a colorable

imitation of such mark; or

4. Any person who, knowing the purpose for which the trade-name,

trade-mark, or service mark of a person is to be used, prints,

lithographs, or in any way reproduces such trade-name, trade-mark, or

service mark, or a colorable imitation thereof, for another person, to

enable that other person to fraudulently use such trade-name, trademark,

or service mark on his own goods or in connection with the sale

or advertising of his services.

A trade-name or trade-mark as herein used is a word or words, name, title,

symbol, emblem, sign or device, or any combination thereof used as an

advertisement, sign, label, poster, or otherwise, for the purpose of enabling

the public to distinguish the business of the person who owns and uses said

trade-name or trade-mark.

A service mark as herein used is a mark used in the sale or advertising of

services to identify the services of one person and distinguish them from the

services of others and includes without limitation the marks, names,

symbols, titles, designations, slogans, character names, and distinctive

features of radio or other advertising.

Art. 189. Unfair competition, fraudulent registration of trade-mark, tradename

or service mark, fraudulent designation of origin, and false

description. — The penalty provided in the next proceeding article shall be

imposed upon:

1. Any person who, in unfair competition and for the purposes of

deceiving or defrauding another of his legitimate trade or the public in

general, shall sell his goods giving them the general appearance of goods

of another manufacturer or dealer, either as to the goods themselves, or

in the wrapping of the packages in which they are contained or the

device or words thereon or in any other features of their appearance

which would be likely to induce the public to believe that the goods

offered are those of a manufacturer or dealer other than the actual

manufacturer or dealer or shall give other persons a chance or

opportunity to do the same with a like purpose.

2. Any person who shall affix, apply, annex or use in connection with

any goods or services or any container or containers for goods a false

designation of origin or any false description or representation and shall

sell such goods or services.

3. Any person who by means of false or fraudulent representation or

declarations orally or in writing or by other fraudulent means shall

procure from the patent office or from any other office which may

hereafter be established by law for the purposes the registration of a

trade-name, trade-mark or service mark or of himself as the owner of

such trade-name, trade-mark or service mark or an entry respecting a

trade-name, trade-mark or service mark.

Title Five

CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

[Art. 190. Possession, preparation and use of prohibited drugs and

maintenance of opium dens. — The penalty of arresto mayor in its medium

period to prision correccional in its minimum period and a fine ranging from

300 to 1,000 pesos shall be imposed upon:

1. Anyone who unless lawfully authorized shall possess, prepare,

administer, or otherwise use any prohibited drug.

"Prohibited drug," as used herein includes opium, cocaine, alpha and

beta eucaine, Indian hemp, their derivatives, and all preparations made

from them or any of them, and such other drugs, whether natural or

synthetic, having physiological action as a narcotic drug.

"Opium" embraces every kind, class, and character of opium, whether

crude or prepared; the ashes on refuse of the same; narcotic

preparations thereof or therefrom; morphine or any alkaloid of opium,

preparation in which opium, morphine or any kind of opium, enter as an

ingredient, and also opium leaves or wrappings of opium leaves, whether

prepared or not for their use.

"Indian hemp" otherwise known as marijuana, cannabis, Americana,

hashish, bhang, guaza, churruz, and ganjah embraces every kind, class

and character of Indian hemp, whether dried or fresh, flowering or

fruiting tops of the pistillate plant cannabis satival, from which the

resin has not been extracted, including all other geographic varieties

whether used as reefers, resin, extract, tincture or in any other form

whatsoever.

By narcotic drug is meant a drug that produces a condition of

insensibility and melancholy dullness of mind with delusions and may

be habit-forming.

2. Anyone who shall maintain a dive or resort where any prohibited drug

is used in any form, in violation of the law.]

[Art. 191. Keeper, watchman and visitor of opium den. — The penalty of

arresto mayor and a fine ranging from 100 to 300 pesos shall be imposed

upon:

1. Anyone who shall act as a keeper or watchman of a dive or resort

where any prohibited drug is used in any manner contrary to law; and

2. Any person who, not being included in the provisions of the next

preceding article, shall knowingly visit any dive or resort of the

character referred to above.]

[Art. 192. Importation and sale of prohibited drugs. — The penalty of

prision correccional in its medium and maximum periods and a fine ranging

from 300 to 10,000 pesos shall be imposed upon any person who shall import

or bring into the Philippine Islands any prohibited drug.]

[The same penalty shall be imposed upon any person who shall unlawfully

sell or deliver to another prohibited drug.]

[Art. 193. Illegal possession of opium pipe or other paraphernalia for the

use of any prohibited drug. — The penalty of arresto mayor and a fine not

exceeding 500 pesos shall be imposed upon any person who, not being

authorized by law, shall possess any opium pipe or other paraphernalia for

smoking, injecting, administering or using opium or any prohibited drug.

[The illegal possession of an opium pipe or other paraphernalia for using any

other prohibited drug shall be prima facie evidence that its possessor has

used said drug.]

[Art. 194. Prescribing opium unnecessary for a patient. — The penalty of

prision correccional or a fine ranging from 300 to 10,000 pesos, or both shall

be imposed upon any physician or dentist who shall prescribe opium for any

person whose physical condition does not require the use of the same.]

Title Six

CRIMES AGAINST PUBLIC MORALS

Chapter One

GAMBLING AND BETTING

Art. 195. What acts are punishable in gambling. — (a) The penalty of arresto

mayor or a fine not exceeding two hundred pesos, and, in case of recidivism,

the penalty of arresto mayor or a fine ranging from two hundred or six

thousand pesos, shall be imposed upon:

1. Any person other than those referred to in subsections (b) and (c)

who, in any manner shall directly, or indirectly take part in any game of

monte, jueteng or any other form of lottery, policy, banking, or

percentage game, dog races, or any other game of scheme the result of

which depends wholly or chiefly upon chance or hazard; or wherein

wagers consisting of money, articles of value or representative of value

are made; or in the exploitation or use of any other mechanical

invention or contrivance to determine by chance the loser or winner of

money or any object or representative of value.

2. Any person who shall knowingly permit any form of gambling referred

to in the preceding subdivision to be carried on in any unhabited or

uninhabited place of any building, vessel or other means of

transportation owned or controlled by him. If the place where gambling

is carried on has the reputation of a gambling place or that prohibited

gambling is frequently carried on therein, the culprit shall be punished

by the penalty provided for in this article in its maximum period.

(b) The penalty of prision correccional in its maximum degree shall be

imposed upon the maintainer, conductor, or banker in a game of jueteng or

any similar game.

(c) The penalty of prision correccional in its medium degree shall be imposed

upon any person who shall, knowingly and without lawful purpose, have in

his possession and lottery list, paper or other matter containing letters,

figures, signs or symbols which pertain to or are in any manner used in the

game of jueteng or any similar game which has taken place or about to take

place.

Art. 196. Importation, sale and possession of lottery tickets or

advertisements. — The penalty of arresto mayor in its maximum period to

prision correccional in its minimum period or a fine ranging from 200 to

2,000 pesos, or both, in the discretion of the court, shall be imposed upon

any person who shall import into the Philippine Islands from any foreign

place or port any lottery ticket or advertisement or, in connivance with the

importer, shall sell or distribute the same.

Any person who shall knowingly and with intent to use them, have in his

possession lottery tickets or advertisements, or shall sell or distribute the

same without connivance with the importer of the same, shall be punished

by arresto menor, or a fine not exceeding 200 pesos, or both, in the

discretion of the court.

The possession of any lottery ticket or advertisement shall be prima facie

evidence of an intent to sell, distribute or use the same in the Philippine

Islands.

Art. 197. Betting in sports contests. — The penalty of arresto menor or a fine

not exceeding 200 pesos, or both, shall be imposed upon any person who

shall bet money or any object or article of value or representative of value

upon the result of any boxing or other sports contests.

Art. 198. Illegal betting on horse race. — The penalty of arresto menor or a

fine not exceeding 200 pesos, or both, shall be imposed upon any person who

except during the period allowed by law, shall be on horse races. The penalty

of arresto mayor or a fine ranging from 200 to 2,000 pesos, or both, shall be

imposed upon any person who, under the same circumstances, shall

maintain or employ a totalizer or other device or scheme for betting on

horse races or realizing any profit therefrom.

For the purposes of this article, any race held in the same day at the same

place shall be held punishable as a separate offense, and if the same be

committed by any partnership, corporation or association, the president and

the directors or managers thereof shall be deemed to be principals in the

offense if they have consented to or knowingly tolerated its commission.

Art. 199. Illegal cockfighting. — The penalty of arresto menor or a fine not

exceeding 200 pesos, or both, in the discretion of the court, shall be imposed

upon:

1. Any person who directly or indirectly participates in cockfights, by

betting money or other valuable things, or who organizes cockfights at

which bets are made, on a day other than those permitted by law.

2. Any person who directly or indirectly participates in cockfights, at a

place other than a licensed cockpit.

 

(Read : PRESIDENTIAL DECREE NO. 1602

SIMPLIFYING AND PROVIDING STIFFER PENALTIES FOR

VIOLATIONS OF PHILIPPINE GAMBLING LAWS)

 

Chapter Two

OFFENSES AGAINST DECENCY AND GOOD CUSTOMS

Art. 200. Grave scandal. — The penalties of arresto mayor and public

censure shall be imposed upon any person who shall offend against decency

or good customs by any highly scandalous conduct not expressly falling

within any other article of this Code.

Art. 201. Immoral doctrines, obscene publications and exhibitions and

indecent shows. — The penalty of prision mayor or a fine ranging from six

thousand to twelve thousand pesos, or both such imprisonment and fine,

shall be imposed upon:

(1) Those who shall publicly expound or proclaim doctrines openly

contrary to public morals;

(2) (a) the authors of obscene literature, published with their knowledge

in any form; the editors publishing such literature; and the

owners/operators of the establishment selling the same;

(b) Those who, in theaters, fairs, cinematographs or any other place,

exhibit, indecent or immoral plays, scenes, acts or shows, whether live

or in film, which are prescribed by virtue hereof, shall include those

which (1) glorify criminals or condone crimes; (2) serve no other purpose

but to satisfy the market for violence, lust or pornography; (3) offend

any race or religion; (4) tend to abet traffic in and use of prohibited

drugs; and (5) are contrary to law, public order, morals, and good

customs, established policies, lawful orders, decrees and edicts;

(3) Those who shall sell, give away or exhibit films, prints, engravings,

sculpture or literature which are offensive to morals. (As amended by PD

Nos. 960 and 969).

Art. 202. Vagrants and prostitutes; penalty. — The following are vagrants:

1. Any person having no apparent means of subsistence, who has the

physical ability to work and who neglects to apply himself or herself to

some lawful calling;

2. Any person found loitering about public or semi-public buildings or

places or trampling or wandering about the country or the streets

without visible means of support;

3. Any idle or dissolute person who ledges in houses of ill fame; ruffians

or pimps and those who habitually associate with prostitutes;

4. Any person who, not being included in the provisions of other articles

of this Code, shall be found loitering in any inhabited or uninhabited

place belonging to another without any lawful or justifiable purpose;

5. Prostitutes.

For the purposes of this article, women who, for money or profit, habitually

indulge in sexual intercourse or lascivious conduct, are deemed to be

prostitutes. (See RA 7610, Anti Child Abuse Law)

Any person found guilty of any of the offenses covered by this articles shall

be punished by arresto menor or a fine not exceeding 200 pesos, and in case

of recidivism, by arresto mayor in its medium period to prision correccional

in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in

the discretion of the court.

(Read RA No. 10072)

Title Seven

CRIMES COMMITTED BY PUBLIC OFFICERS

Chapter One

PRELIMINARY PROVISIONS

Art. 203. Who are public officers. — For the purpose of applying the

provisions of this and the preceding titles of this book, any person who, by

direct provision of the law, popular election or appointment by competent

authority, shall take part in the performance of public functions in the

Government of the Philippine Islands, of shall perform in said Government or

in any of its branches public duties as an employee, agent or subordinate

official, of any rank or class, shall be deemed to be a public officer.

Chapter Two

MALFEASANCE AND MISFEASANCE IN OFFICE

Section One. — Dereliction of duty

Art. 204. Knowingly rendering unjust judgment. — Any judge who shall

knowingly render an unjust judgment in any case submitted to him for

decision, shall be punished by prision mayor and perpetual absolute

disqualification.

Art. 205. Judgment rendered through negligence. — Any judge who, by

reason of inexcusable negligence or ignorance shall render a manifestly

unjust judgment in any case submitted to him for decision shall be punished

by arresto mayor and temporary special disqualification.

Art. 206. Unjust interlocutory order. — Any judge who shall knowingly

render an unjust interlocutory order or decree shall suffer the penalty of

arresto mayor in its minimum period and suspension; but if he shall have

acted by reason of inexcusable negligence or ignorance and the interlocutory

order or decree be manifestly unjust, the penalty shall be suspension.

Art. 207. Malicious delay in the administration of justice. — The penalty of

prision correccional in its minimum period shall be imposed upon any judge

guilty of malicious delay in the administration of justice.

Art. 208. Prosecution of offenses; negligence and tolerance. — The penalty

of prision correccional in its minimum period and suspension shall be

imposed upon any public officer, or officer of the law, who, in dereliction of

the duties of his office, shall maliciously refrain from instituting prosecution

for the punishment of violators of the law, or shall tolerate the commission

of offenses.

Art. 209. Betrayal of trust by an attorney or solicitor. — Revelation of

secrets. — In addition to the proper administrative action, the penalty of

prision correccional in its minimum period, or a fine ranging from 200 to

1,000 pesos, or both, shall be imposed upon any attorney-at-law or solicitor

( procurador judicial) who, by any malicious breach of professional duty or of

inexcusable negligence or ignorance, shall prejudice his client, or reveal any

of the secrets of the latter learned by him in his professional capacity.

The same penalty shall be imposed upon an attorney-at-law or solicitor

(procurador judicial) who, having undertaken the defense of a client or

having received confidential information from said client in a case, shall

undertake the defense of the opposing party in the same case, without the

consent of his first client.

Section Two. — Bribery

Art. 210. Direct bribery. — Any public officer who shall agree to perform an

act constituting a crime, in connection with the performance of this official

duties, in consideration of any offer, promise, gift or present received by

such officer, personally or through the mediation of another, shall suffer the

penalty of prision mayor in its medium and maximum periods and a fine [of

not less than the value of the gift and] not less than three times the value of

the gift in addition to the penalty corresponding to the crime agreed upon, if

the same shall have been committed.

If the gift was accepted by the officer in consideration of the execution of an

act which does not constitute a crime, and the officer executed said act, he

shall suffer the same penalty provided in the preceding paragraph; and if said

act shall not have been accomplished, the officer shall suffer the penalties of

prision correccional, in its medium period and a fine of not less than twice

the value of such gift.

If the object for which the gift was received or promised was to make the

public officer refrain from doing something which it was his official duty to

do, he shall suffer the penalties of prision correccional in its maximum

period and a fine [of not less than the value of the gift and] not less than

three times the value of such gift.

In addition to the penalties provided in the preceding paragraphs, the culprit

shall suffer the penalty of special temporary disqualification.

The provisions contained in the preceding paragraphs shall be made

applicable to assessors, arbitrators, appraisal and claim commissioners,

experts or any other persons performing public duties. (As amended by Batas

Pambansa Blg. 872, June 10, 1985).

 

Art. 211. Indirect bribery. — The penalties of prision correccional in its

medium and maximum periods, and public censure shall be imposed upon

any public officer who shall accept gifts offered to him by reason of his

office. (As amended by Batas Pambansa Blg. 872, June 10, 1985).

 

Art. 212. Corruption of public officials. — The same penalties imposed upon

the officer corrupted, except those of disqualification and suspension, shall

be imposed upon any person who shall have made the offers or promises or

given the gifts or presents as described in the preceding articles.

Chapter Three

FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

Art. 213. Frauds against the public treasury and similar offenses. — The

penalty of prision correccional in its medium period to prision mayor in its

minimum period, or a fine ranging from 200 to 10,000 pesos, or both, shall

be imposed upon any public officer who:

1. In his official capacity, in dealing with any person with regard to

furnishing supplies, the making of contracts, or the adjustment or

settlement of accounts relating to public property or funds, shall enter

into an agreement with any interested party or speculator or make use

of any other scheme, to defraud the Government;

2. Being entrusted with the collection of taxes, licenses, fees and other

imposts, shall be guilty or any of the following acts or omissions:

(a) Demanding, directly, or indirectly, the payment of sums

different from or larger than those authorized by law.

(b) Failing voluntarily to issue a receipt, as provided by law, for any

sum of money collected by him officially.

(c) Collecting or receiving, directly or indirectly, by way of payment

or otherwise things or objects of a nature different from that

provided by law.

When the culprit is an officer or employee of the Bureau of Internal Revenue

or the Bureau of Customs, the provisions of the Administrative Code shall be

applied.

Art. 214. Other frauds. — In addition to the penalties prescribed in the

provisions of Chapter Six, Title Ten, Book Two, of this Code, the penalty of

temporary special disqualification in its maximum period to perpetual

special disqualification shall be imposed upon any public officer who, taking

advantage of his official position, shall commit any of the frauds or deceits

enumerated in said provisions.

Art. 215. Prohibited transactions. — The penalty of prision correccional in

its maximum period or a fine ranging from 200 to 1,000 pesos, or both, shall

be imposed upon any appointive public officer who, during his incumbency,

shall directly or indirectly become interested in any transaction of exchange

or speculation within the territory subject to his jurisdiction.

Art. 216. Possession of prohibited interest by a public officer. — The penalty

of arresto mayor in its medium period to prision correccional in its minimum

period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed

upon a public officer who directly or indirectly, shall become interested in

any contract or business in which it is his official duty to intervene.

This provisions is applicable to experts, arbitrators and private accountants

who, in like manner, shall take part in any contract or transaction connected

with the estate or property in appraisal, distribution or adjudication of which

they shall have acted, and to the guardians and executors with respect to the

property belonging to their wards or estate.

Chapter Four

MALVERSATION OF PUBLIC FUNDS OR PROPERTY

Art. 217. Malversation of public funds or property; Presumption of

malversation. — Any public officer who, by reason of the duties of his office,

is accountable for public funds or property, shall appropriate the same or

shall take or misappropriate or shall consent, through abandonment or

negligence, shall permit any other person to take such public funds, or

property, wholly or partially, or shall otherwise be guilty of the

misappropriation or malversation of such funds or property, shall suffer:

1. The penalty of prision correccional in its medium and maximum

periods, if the amount involved in the misappropriation or malversation

does not exceed two hundred pesos.

2. The penalty of prision mayor in its minimum and medium periods, if

the amount involved is more than two hundred pesos but does not

exceed six thousand pesos.

3. The penalty of prision mayor in its maximum period to reclusion

temporal in its minimum period, if the amount involved is more than

six thousand pesos but is less than twelve thousand pesos.

4. The penalty of reclusion temporal, in its medium and maximum

periods, if the amount involved is more than twelve thousand pesos but

is less than twenty-two thousand pesos. If the amount exceeds the

latter, the penalty shall be reclusion temporal in its maximum period to

reclusion perpetua.

In all cases, persons guilty of malversation shall also suffer the penalty of

perpetual special disqualification and a fine equal to the amount of the funds

malversed or equal to the total value of the property embezzled.

The failure of a public officer to have duly forthcoming any public funds or

property with which he is chargeable, upon demand by any duly authorized

officer, shall be prima facie evidence that he has put such missing funds or

property to personal use. (As amended by RA 1060).

Art. 218. Failure of accountable officer to render accounts. — Any public

officer, whether in the service or separated therefrom by resignation or any

other cause, who is required by law or regulation to render account to the

Insular Auditor, or to a provincial auditor and who fails to do so for a period

of two months after such accounts should be rendered, shall be punished by

prision correccional in its minimum period, or by a fine ranging from 200 to

6,000 pesos, or both.

Art. 219. Failure of a responsible public officer to render accounts before

leaving the country. — Any public officer who unlawfully leaves or attempts

to leave the Philippine Islands without securing a certificate from the Insular

Auditor showing that his accounts have been finally settled, shall be

punished by arresto mayor, or a fine ranging from 200 to 1,000 pesos or

both.

Art. 220. Illegal use of public funds or property. — Any public officer who

shall apply any public fund or property under his administration to any

public use other than for which such fund or property were appropriated by

law or ordinance shall suffer the penalty of prision correccional in its

minimum period or a fine ranging from one-half to the total of the sum

misapplied, if by reason of such misapplication, any damages or

embarrassment shall have resulted to the public service. In either case, the

offender shall also suffer the penalty of temporary special disqualification.

If no damage or embarrassment to the public service has resulted, the

penalty shall be a fine from 5 to 50 per cent of the sum misapplied.

Art. 221. Failure to make delivery of public funds or property. — Any public

officer under obligation to make payment from Government funds in his

possession, who shall fail to make such payment, shall be punished by

arresto mayor and a fine from 5 to 25 per cent of the sum which he failed to

pay.

This provision shall apply to any public officer who, being ordered by

competent authority to deliver any property in his custody or under his

administration, shall refuse to make such delivery.

The fine shall be graduated in such case by the value of the thing, provided

that it shall not less than 50 pesos.

Art. 222. Officers included in the preceding provisions. — The provisions of

this chapter shall apply to private individuals who in any capacity whatever,

have charge of any insular, provincial or municipal funds, revenues, or

property and to any administrator or depository of funds or property

attached, seized or deposited by public authority, even if such property

belongs to a private individual.

Chapter Five

INFIDELITY OF PUBLIC OFFICERS

Section One. — Infidelity in the custody of prisoners

Art. 223. Conniving with or consenting to evasion. — Any public officer who

shall consent to the escape of a prisoner in his custody or charge, shall be

punished:

1. By prision correccional in its medium and maximum periods and

temporary special disqualification in its maximum period to perpetual

special disqualification, if the fugitive shall have been sentenced by

final judgment to any penalty.

2. By prision correccional in its minimum period and temporary special

disqualification, in case the fugitive shall not have been finally

convicted but only held as a detention prisoner for any crime or

violation of law or municipal ordinance.

Art. 224. Evasion through negligence. — If the evasion of the prisoner shall

have taken place through the negligence of the officer charged with the

conveyance or custody of the escaping prisoner, said officer shall suffer the

penalties of arresto mayor in its maximum period to prision correccional in

its minimum period and temporary special disqualification.

Art. 225. Escape of prisoner under the custody of a person not a public

officer. — Any private person to whom the conveyance or custody or a

prisoner or person under arrest shall have been confided, who shall commit

any of the offenses mentioned in the two preceding articles, shall suffer the

penalty next lower in degree than that prescribed for the public officer.

Section Two. — Infidelity in the custody of document

Art. 226. Removal, concealment or destruction of documents. — Any public

officer who shall remove, destroy or conceal documents or papers officially

entrusted to him, shall suffer:

1. The penalty of prision mayor and a fine not exceeding 1,000 pesos,

whenever serious damage shall have been caused thereby to a third

party or to the public interest.

2. The penalty of prision correccional in its minimum and medium

period and a fine not exceeding 1,000 pesos, whenever the damage to a

third party or to the public interest shall not have been serious.

In either case, the additional penalty of temporary special disqualification in

its maximum period to perpetual disqualification shall be imposed.

Art. 227. Officer breaking seal. — Any public officer charged with the

custody of papers or property sealed by proper authority, who shall break the

seals or permit them to be broken, shall suffer the penalties of prision

correccional in its minimum and medium periods, temporary special

disqualification and a fine not exceeding 2,000 pesos.

Art. 228. Opening of closed documents. — Any public officer not included in

the provisions of the next preceding article who, without proper authority,

shall open or shall permit to be opened any closed papers, documents or

objects entrusted to his custody, shall suffer the penalties or arresto mayor,

temporary special disqualification and a fine of not exceeding 2,000 pesos.

Section Three. — Revelation of secrets

Art. 229. Revelation of secrets by an officer. — Any public officer who shall

reveal any secret known to him by reason of his official capacity, or shall

wrongfully deliver papers or copies of papers of which he may have charge

and which should not be published, shall suffer the penalties of prision

correccional in its medium and maximum periods, perpetual special

disqualification and a fine not exceeding 2,000 pesos if the revelation of

such secrets or the delivery of such papers shall have caused serious damage

to the public interest; otherwise, the penalties of prision correccional in its

minimum period, temporary special disqualification and a fine not exceeding

50 pesos shall be imposed.

Art. 230. Public officer revealing secrets of private individual. — Any public

officer to whom the secrets of any private individual shall become known by

reason of his office who shall reveal such secrets, shall suffer the penalties of

arresto mayor and a fine not exceeding 1,000 pesos.

Chapter Six

OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

Art. 231. Open disobedience. — Any judicial or executive officer who shall

openly refuse to execute the judgment, decision or order of any superior

authority made within the scope of the jurisdiction of the latter and issued

with all the legal formalities, shall suffer the penalties of arresto mayor in its

medium period to prision correccional in its minimum period, temporary

special disqualification in its maximum period and a fine not exceeding

1,000 pesos.

Art. 232. Disobedience to order of superior officers, when said order was

suspended by inferior officer. — Any public officer who, having for any

reason suspended the execution of the orders of his superiors, shall disobey

such superiors after the latter have disapproved the suspension, shall suffer

the penalties of prision correccional in its minimum and medium periods

and perpetual special disqualification.

Art. 233. Refusal of assistance. — The penalties of arresto mayor in its

medium period to prision correccional in its minimum period, perpetual

special disqualification and a fine not exceeding 1,000 pesos, shall be

imposed upon a public officer who, upon demand from competent authority,

shall fail to lend his cooperation towards the administration of justice or

other public service, if such failure shall result in serious damage to the

public interest, or to a third party; otherwise, arresto mayor in its medium

and maximum periods and a fine not exceeding 500 pesos shall be imposed.

Art. 234. Refusal to discharge elective office. — The penalty of arresto

mayor or a fine not exceeding 1,000 pesos, or both, shall be imposed upon

any person who, having been elected by popular election to a public office,

shall refuse without legal motive to be sworn in or to discharge the duties of

said office.

Art. 235. Maltreatment of prisoners. — The penalty of arresto mayor in its

medium period to prision correccional in its minimum period, in addition to

his liability for the physical injuries or damage caused, shall be imposed

upon any public officer or employee who shall overdo himself in the

correction or handling of a prisoner or detention prisoner under his charge,

by the imposition of punishment not authorized by the regulations, or by

inflicting such punishment in a cruel and humiliating manner.

If the purpose of the maltreatment is to extort a confession, or to obtain

some information from the prisoner, the offender shall be punished by

prision correccional in its minimum period, temporary special

disqualification and a fine not exceeding 500 pesos, in addition to his

liability for the physical injuries or damage caused.

Section Two. — Anticipation, prolongation

and abandonment of the duties and powers of public office.

Art. 236. Anticipation of duties of a public office. — Any person who shall

assume the performance of the duties and powers of any public officer or

employment without first being sworn in or having given the bond required

by law, shall be suspended from such office or employment until he shall

have complied with the respective formalities and shall be fined from 200 to

500 pesos.

Art. 237. Prolonging performance of duties and powers. — Any public officer

shall continue to exercise the duties and powers of his office, employment or

commission, beyond the period provided by law, regulation or special

provisions applicable to the case, shall suffer the penalties of prision

correccional in its minimum period, special temporary disqualification in its

minimum period and a fine not exceeding 500 pesos.

Art. 238. Abandonment of office or position. — Any public officer who, before

the acceptance of his resignation, shall abandon his office to the detriment

of the public service shall suffer the penalty of arresto mayor.

If such office shall have been abandoned in order to evade the discharge of

the duties of preventing, prosecuting or punishing any of the crime falling

within Title One, and Chapter One of Title Three of Book Two of this Code,

the offender shall be punished by prision correccional in its minimum and

medium periods, and by arresto mayor if the purpose of such abandonment is

to evade the duty of preventing, prosecuting or punishing any other crime.

Section Three. — Usurpation of powers and unlawful appointments

Art. 239. Usurpation of legislative powers. — The penalties of prision

correccional in its minimum period, temporary special disqualification and a

fine not exceeding 1,000 pesos, shall be imposed upon any public officer who

shall encroach upon the powers of the legislative branch of the Government,

either by making general rules or regulations beyond the scope of his

authority, or by attempting to repeal a law or suspending the execution

thereof.

Art. 240. Usurpation of executive functions. — Any judge who shall assume

any power pertaining to the executive authorities, or shall obstruct the latter

in the lawful exercise of their powers, shall suffer the penalty of arresto

mayor in its medium period to prision correccional in its minimum period.

Art. 241. Usurpation of judicial functions. — The penalty of arresto mayor in

its medium period to prision correccional in its minimum period and shall be

imposed upon any officer of the executive branch of the Government who

shall assume judicial powers or shall obstruct the execution of any order or

decision rendered by any judge within its jurisdiction.

Art. 242. Disobeying request for disqualification. — Any public officer who,

before the question of jurisdiction is decided, shall continue any proceeding

after having been lawfully required to refrain from so doing, shall be

punished by arresto mayor and a fine not exceeding 500 pesos.

Art. 243. Orders or requests by executive officers to any judicial authority.

— Any executive officer who shall address any order or suggestion to any

judicial authority with respect to any case or business coming within the

exclusive jurisdiction of the courts of justice shall suffer the penalty of

arresto mayor and a fine not exceeding 500 pesos.

Art. 244. Unlawful appointments. — Any public officer who shall knowingly

nominate or appoint to any public office any person lacking the legal

qualifications therefor, shall suffer the penalty of arresto mayor and a fine

not exceeding 1,000 pesos.

Section Four. — Abuses against chastity

Art. 245. Abuses against chastity; Penalties. — The penalties of prision

correccional in its medium and maximum periods and temporary special

disqualification shall be imposed:

1. Upon any public officer who shall solicit or make immoral or indecent

advances to a woman interested in matters pending before such officer

for decision, or with respect to which he is required to submit a report

to or consult with a superior officer;

2. Any warden or other public officer directly charged with the care and

custody of prisoners or persons under arrest who shall solicit or make

immoral or indecent advances to a woman under his custody.

If the person solicited be the wife, daughter, sister of relative within the

same degree by affinity of any person in the custody of such warden or

officer, the penalties shall be prision correccional in its minimum and

medium periods and temporary special disqualification.

Title Eight

CRIMES AGAINST PERSONS

Chapter One

DESTRUCTION OF LIFE

Section One. — Parricide, murder, homicide

Art. 246. Parricide. — Any person who shall kill his father, mother, or child,

whether legitimate or illegitimate, or any of his ascendants, or descendants,

or his spouse, shall be guilty of parricide and shall be punished by the

penalty of reclusion perpetua to death.

Art. 247. Death or physical injuries inflicted under exceptional

circumstances. — Any legally married person who having surprised his

spouse in the act of committing sexual intercourse with another person,

shall kill any of them or both of them in the act or immediately thereafter,

or shall inflict upon them any serious physical injury, shall suffer the penalty

of destierro.

If he shall inflict upon them physical injuries of any other kind, he shall be

exempt from punishment.

These rules shall be applicable, under the same circumstances, to parents

with respect to their daughters under eighteen years of age, and their

seducer, while the daughters are living with their parents.

Any person who shall promote or facilitate the prostitution of his wife or

daughter, or shall otherwise have consented to the infidelity of the other

spouse shall not be entitled to the benefits of this article.

Art. 248. Murder. — Any person who, not falling within the provisions of

Article 246 shall kill another, shall be guilty of murder and shall be punished

by reclusion temporal in its maximum period to death, if committed with

any of the following attendant circumstances:

1. With treachery, taking advantage of superior strength, with the aid of

armed men, or employing means to weaken the defense or of means or

persons to insure or afford impunity.

2. In consideration of a price, reward, or promise.

3. By means of inundation, fire, poison, explosion, shipwreck, stranding

of a vessel, derailment or assault upon a street car or locomotive, fall of

an airship, by means of motor vehicles, or with the use of any other

means involving great waste and ruin.

4. On occasion of any of the calamities enumerated in the preceding

paragraph, or of an earthquake, eruption of a volcano, destructive

cyclone, epidemic or other public calamity.

5. With evident premeditation.

6. With cruelty, by deliberately and inhumanly augmenting the suffering

of the victim, or outraging or scoffing at his person or corpse.

Art. 249. Homicide. — Any person who, not falling within the provisions of

Article 246, shall kill another without the attendance of any of the

circumstances enumerated in the next preceding article, shall be deemed

guilty of homicide and be punished by reclusion temporal.

Art. 250. Penalty for frustrated parricide, murder or homicide. — The

courts, in view of the facts of the case, may impose upon the person guilty of

the frustrated crime of parricide, murder or homicide, defined and penalized

in the preceding articles, a penalty lower by one degree than that which

should be imposed under the provision of Article 50.

The courts, considering the facts of the case, may likewise reduce by one

degree the penalty which under Article 51 should be imposed for an attempt

to commit any of such crimes.

Art. 251. Death caused in a tumultuous affray. — When, while several

persons, not composing groups organized for the common purpose of

assaulting and attacking each other reciprocally, quarrel and assault each

other in a confused and tumultuous manner, and in the course of the affray

someone is killed, and it cannot be ascertained who actually killed the

deceased, but the person or persons who inflicted serious physical injuries

can be identified, such person or persons shall be punished by prision mayor.

If it cannot be determined who inflicted the serious physical injuries on the

deceased, the penalty of prision correccional in its medium and maximum

periods shall be imposed upon all those who shall have used violence upon

the person of the victim.

Art. 252. Physical injuries inflicted in a tumultuous affray. — When in a

tumultuous affray as referred to in the preceding article, only serious

physical injuries are inflicted upon the participants thereof and the person

responsible thereof cannot be identified, all those who appear to have used

violence upon the person of the offended party shall suffer the penalty next

lower in degree than that provided for the physical injuries so inflicted.

When the physical injuries inflicted are of a less serious nature and the

person responsible therefor cannot be identified, all those who appear to

have used any violence upon the person of the offended party shall be

punished by arresto mayor from five to fifteen days.

Art. 253. Giving assistance to suicide. — Any person who shall assist

another to commit suicide shall suffer the penalty of prision mayor; if such

person leads his assistance to another to the extent of doing the killing

himself, he shall suffer the penalty of reclusion temporal. However, if the

suicide is not consummated, the penalty of arresto mayor in its medium and

maximum periods, shall be imposed.

Art. 254. Discharge of firearms. — Any person who shall shoot at another

with any firearm shall suffer the penalty of prision correccional in its

minimum and medium periods, unless the facts of the case are such that the

act can be held to constitute frustrated or attempted parricide, murder,

homicide or any other crime for which a higher penalty is prescribed by any

of the articles of this Code.

Section Two. — Infanticide and abortion.

Art. 255. Infanticide. — The penalty provided for parricide in Article 246 and

for murder in Article 248 shall be imposed upon any person who shall kill

any child less than three days of age.

If the crime penalized in this article be committed by the mother of the child

for the purpose of concealing her dishonor, she shall suffer the penalty of

prision correccional in its medium and maximum periods, and if said crime

be committed for the same purpose by the maternal grandparents or either

of them, the penalty shall be prision mayor.

Art. 256. Intentional abortion. — Any person who shall intentionally cause

an abortion shall suffer:

1. The penalty of reclusion temporal, if he shall use any violence upon

the person of the pregnant woman.

2. The penalty of prision mayor if, without using violence, he shall act

without the consent of the woman.

3. The penalty of prision correccional in its medium and maximum

periods, if the woman shall have consented.

Art. 257. Unintentional abortion. — The penalty of prision correccional in its

minimum and medium period shall be imposed upon any person who shall

cause an abortion by violence, but unintentionally.

Art. 258. Abortion practiced by the woman herself of by her parents. — The

penalty of prision correccional in its medium and maximum periods shall be

imposed upon a woman who shall practice abortion upon herself or shall

consent that any other person should do so.

Any woman who shall commit this offense to conceal her dishonor, shall

suffer the penalty of prision correccional in its minimum and medium

periods.

If this crime be committed by the parents of the pregnant woman or either of

them, and they act with the consent of said woman for the purpose of

concealing her dishonor, the offenders shall suffer the penalty of prision

correccional in its medium and maximum periods.

Art. 259. Abortion practiced by a physician or midwife and dispensing of

abortives. — The penalties provided in Article 256 shall be imposed in its

maximum period, respectively, upon any physician or midwife who, taking

advantage of their scientific knowledge or skill, shall cause an abortion or

assist in causing the same.

Any pharmacist who, without the proper prescription from a physician, shall

dispense any abortive shall suffer arresto mayor and a fine not exceeding

1,000 pesos.

Section Three. — Duel

Art. 260. Responsibility of participants in a duel. — The penalty of reclusion

temporal shall be imposed upon any person who shall kill his adversary in a

duel.

If he shall inflict upon the latter physical injuries only, he shall suffer the

penalty provided therefor, according to their nature.

In any other case, the combatants shall suffer the penalty of arresto mayor,

although no physical injuries have been inflicted.

The seconds shall in all events be punished as accomplices.

Art. 261. Challenging to a duel. — The penalty of prision correccional in its

minimum period shall be imposed upon any person who shall challenge

another, or incite another to give or accept a challenge to a duel, or shall

scoff at or decry another publicly for having refused to accept a challenge to

fight a duel.

Chapter Two

PHYSICAL INJURIES

Art. 262. Mutilation. — The penalty of reclusion temporal to reclusion

perpetua shall be imposed upon any person who shall intentionally mutilate

another by depriving him, either totally or partially, or some essential organ

of reproduction.

Any other intentional mutilation shall be punished by prision mayor in its

medium and maximum periods.

Art. 263. Serious physical injuries. — Any person who shall wound, beat, or

assault another, shall be guilty of the crime of serious physical injuries and

shall suffer:

1. The penalty of prision mayor, if in consequence of the physical

injuries inflicted, the injured person shall become insane, imbecile,

impotent, or blind;

2. The penalty of prision correccional in its medium and maximum

periods, if in consequence of the physical injuries inflicted, the person

injured shall have lost the use of speech or the power to hear or to

smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall

have lost the use of any such member, or shall have become

incapacitated for the work in which he was therefor habitually engaged;

3. The penalty of prision correccional in its minimum and medium

periods, if in consequence of the physical injuries inflicted, the person

injured shall have become deformed, or shall have lost any other part of

his body, or shall have lost the use thereof, or shall have been ill or

incapacitated for the performance of the work in which he as habitually

engaged for a period of more than ninety days;

4. The penalty of arresto mayor in its maximum period to prision

correccional in its minimum period, if the physical injuries inflicted

shall have caused the illness or incapacity for labor of the injured

person for more than thirty days.

If the offense shall have been committed against any of the persons

enumerated in Article 246, or with attendance of any of the circumstances

mentioned in Article 248, the case covered by subdivision number 1 of this

Article shall be punished by reclusion temporal in its medium and maximum

periods; the case covered by subdivision number 2 by prision correccional in

its maximum period to prision mayor in its minimum period; the case

covered by subdivision number 3 by prision correccional in its medium and

maximum periods; and the case covered by subdivision number 4 by prision

correccional in its minimum and medium periods.

The provisions of the preceding paragraph shall not be applicable to a parent

who shall inflict physical injuries upon his child by excessive chastisement.

Art. 264. Administering injurious substances or beverages. — The penalties

established by the next preceding article shall be applicable in the respective

case to any person who, without intent to kill, shall inflict upon another any

serious, physical injury, by knowingly administering to him any injurious

substance or beverages or by taking advantage of his weakness of mind or

credulity.

Art. 265. Less serious physical injuries. — Any person who shall inflict upon

another physical injuries not described in the preceding articles, but which

shall incapacitate the offended party for labor for ten days or more, or shall

require medical assistance for the same period, shall be guilty of less serious

physical injuries and shall suffer the penalty of arresto mayor.

Whenever less serious physical injuries shall have been inflicted with the

manifest intent to kill or offend the injured person, or under circumstances

adding ignominy to the offense in addition to the penalty of arresto mayor, a

fine not exceeding 500 pesos shall be imposed.

Any less serious physical injuries inflicted upon the offender's parents,

ascendants, guardians, curators, teachers, or persons of rank, or persons in

authority, shall be punished by prision correccional in its minimum and

medium periods, provided that, in the case of persons in authority, the deed

does not constitute the crime of assault upon such person.

 

Art. 266. Slight physical injuries and maltreatment. — The crime of slight

physical injuries shall be punished:

1. By arresto menor when the offender has inflicted physical injuries

which shall incapacitate the offended party for labor from one to nine

days, or shall require medical attendance during the same period.

2. By arresto menor or a fine not exceeding 20 pesos and censure when

the offender has caused physical injuries which do not prevent the

offended party from engaging in his habitual work nor require medical

assistance.

3. By arresto menor in its minimum period or a fine not exceeding 50

pesos when the offender shall ill-treat another by deed without causing

any injury.

 

(Read RA 7610, Anti-Child Abuse Law)

 

Art. 266-A. Rape

REPUBLIC ACT NO. 8353

AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as "The Anti-Rape Law of 1997."

Sec. 2. Rape as a Crime Against Persons. - The crime of rape shall hereafter be classified as a Crime Against Persons under Title Eight of Act No. 3815, as amended, otherwise known as the Revised Penal Code. Accordingly, there shall be incorporated into Title Eight of the same Code a new chapter to be known as Chapter Three on Rape, to read as follows:

"Chapter Three
"Rape

"Article 266-A. Rape: When And How Committed. - Rape is committed:

"1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:

"a) Through force, threat, or intimidation;

"b) When the offended party is deprived of reason or otherwise unconscious;

"c) By means of fraudulent machination or grave abuse of authority; and

"d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.

"2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.

"Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.

"Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.

"When by reason or on the occasion of the rape, the victim has become insane, the penalty shall become reclusion perpetua to death.

"When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death.

"When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be death.

"The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:

"l) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim;

"2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution;

"3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity;

"4) When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime;

"5) When the victim is a child below seven (7) years old;

"6) When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim;

"7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime;

"8) When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability;

"9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and

"10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime.

"Rape under paragraph 2 of the next preceding article shall be punished by prision mayor.

"Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be prision mayor to reclusion temporal.

"When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion temporal.

"When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion temporal to reclusion perpetua.

"When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be reclusion perpetua.

"Reclusion temporal shall be imposed if the rape is committed with any of the ten aggravating/ qualifying circumstances mentioned in this article.

"Article 266-C. Effect of Pardon. - The subsequent valid marriage between the offended party shall extinguish the criminal action or the penalty imposed.

"In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty: Provided, That the crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio.

"Article 266-D. Presumptions. - Any physical overt act manifesting resistance against the act of rape in any degree from the offended party, or where the offended party is so situated as to render her/him incapable of giving valid consent, may be accepted as evidence in the prosecution of the acts punished under Article 266-A."

Sec. 3. Separability Clause. - If any part, Sec., or provision of this Act is declared invalid or unconstitutional, the other parts thereof not affected thereby shall remain valid.

Sec. 4. Repealing Clause. - Article 336 of Act No. 3815, as amended, and all laws, acts, presidential decrees, executive orders, administrative orders, rules and regulations inconsistent with or contrary to the provisions of this Act are deemed amended, modified or repealed accordingly.

Sec. 5. Effectivity.- This Act shall take effect fifteen (15) days after completion of its publication in two (2) newspapers of general circulation.

Approved: September 30, 1997.

 

 

Title Nine

CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

Chapter One

CRIMES AGAINST LIBERTY

 

Art. 267. Kidnapping and serious illegal detention. — Any private individual

who shall kidnap or detain another, or in any other manner deprive him of

his liberty, shall suffer the penalty of reclusion perpetua to death:

1. If the kidnapping or detention shall have lasted more than five days.

2. If it shall have been committed simulating public authority.

3. If any serious physical injuries shall have been inflicted upon the

person kidnapped or detained; or if threats to kill him shall have been

made.

4. If the person kidnapped or detained shall be a minor, female or a

public officer.

The penalty shall be death where the kidnapping or detention was committed

for the purpose of extorting ransom from the victim or any other person,

even if none of the circumstances above-mentioned were present in the

commission of the offense.

Art. 268. Slight illegal detention. — The penalty of reclusion temporal shall

be imposed upon any private individual who shall commit the crimes

described in the next preceding article without the attendance of any of

circumstances enumerated therein.

The same penalty shall be incurred by anyone who shall furnish the place for

the perpetration of the crime.

If the offender shall voluntarily release the person so kidnapped or detained

within three days from the commencement of the detention, without having

attained the purpose intended, and before the institution of criminal

proceedings against him, the penalty shall be prision mayor in its minimum

and medium periods and a fine not exceeding seven hundred pesos.

Art. 269. Unlawful arrest. — The penalty of arresto mayor and a fine not

exceeding 500 pesos shall be imposed upon any person who, in any case

other than those authorized by law, or without reasonable ground therefor,

shall arrest or detain another for the purpose of delivering him to the proper

authorities.

Section Two. — Kidnapping of minors

Art. 270. Kidnapping and failure to return a minor. — The penalty of

reclusion perpetua shall be imposed upon any person who, being entrusted

with the custody of a minor person, shall deliberately fail to restore the

latter to his parents or guardians.

Art. 271. Inducing a minor to abandon his home. — The penalty of prision

correccional and a fine not exceeding seven hundred pesos shall be imposed

upon anyone who shall induce a minor to abandon the home of his parent or

guardians or the persons entrusted with his custody.

If the person committing any of the crimes covered by the two preceding

articles shall be the father or the mother of the minor, the penalty shall be

arresto mayor or a fine not exceeding three hundred pesos, or both.

Art. 272. Slavery. — The penalty of prision mayor and a fine of not exceeding

10,000 pesos shall be imposed upon anyone who shall purchase, sell, kidnap

or detain a human being for the purpose of enslaving him.

If the crime be committed for the purpose of assigning the offended party to

some immoral traffic, the penalty shall be imposed in its maximum period.

Art. 273. Exploitation of child labor. — The penalty of prision correccional

in its minimum and medium periods and a fine not exceeding 500 pesos shall

be imposed upon anyone who, under the pretext of reimbursing himself of a

debt incurred by an ascendant, guardian or person entrusted with the

custody of a minor, shall, against the latter's will, retain him in his service.

Art. 274. Services rendered under compulsion in payment of debt. — The

penalty of arresto mayor in its maximum period to prision correccional in its

minimum period shall be imposed upon any person who, in order to require

or enforce the payment of a debt, shall compel the debtor to work for him,

against his will, as household servant or farm laborer.

Chapter Two

CRIMES AGAINST SECURITY

Section One. — Abandonment of helpless persons

and exploitation of minors.

Art. 275. Abandonment of person in danger and abandonment of one's own

victim. — The penalty of arresto mayor shall be imposed upon:

1. Any one who shall fail to render assistance to any person whom he

shall find in an uninhabited place wounded or in danger of dying, when

he can render such assistance without detriment to himself, unless such

omission shall constitute a more serious offense.

2. Anyone who shall fail to help or render assistance to another whom

he has accidentally wounded or injured.

3. Anyone who, having found an abandoned child under seven years of

age, shall fail to deliver said child to the authorities or to his family, or

shall fail to take him to a safe place.

Art. 276. Abandoning a minor. — The penalty of arresto mayor and a fine

not exceeding 500 pesos shall be imposed upon any one who shall abandon a

child under seven years of age, the custody of which is incumbent upon him.

When the death of the minor shall result from such abandonment, the culprit

shall be punished by prision correccional in its medium and maximum

periods; but if the life of the minor shall have been in danger only, the

penalty shall be prision correccional in its minimum and medium periods.

The provisions contained in the two preceding paragraphs shall not prevent

the imposition of the penalty provided for the act committed, when the same

shall constitute a more serious offense.

Art. 277. Abandonment of minor by person entrusted with his custody;

indifference of parents. — The penalty of arresto mayor and a fine not

exceeding 500 pesos shall be imposed upon anyone who, having charge of

the rearing or education of a minor, shall deliver said minor to a public

institution or other persons, without the consent of the one who entrusted

such child to his care or in the absence of the latter, without the consent of

the proper authorities.

The same penalty shall be imposed upon the parents who shall neglect their

children by not giving them the education which their station in life require

and financial conditions permit.

Art. 278. Exploitation of minors. — The penalty of prision correccional in its

minimum and medium periods and a fine not exceeding 500 pesos shall be

imposed upon:

1. Any person who shall cause any boy or girl under sixteen years of age

to perform any dangerous feat of balancing, physical strength, or

contortion.

2. Any person who, being an acrobat, gymnast, rope-walker, diver, wildanimal

tamer or circus manager or engaged in a similar calling, shall

employ in exhibitions of these kinds children under sixteen years of age

who are not his children or descendants.

3. Any person engaged in any of the callings enumerated in the next

paragraph preceding who shall employ any descendant of his under

twelve years of age in such dangerous exhibitions.

4. Any ascendant, guardian, teacher or person entrusted in any capacity

with the care of a child under sixteen years of age, who shall deliver

such child gratuitously to any person following any of the callings

enumerated in paragraph 2 hereof, or to any habitual vagrant or beggar.

If the delivery shall have been made in consideration of any price,

compensation, or promise, the penalty shall in every case be imposed in

its maximum period.

In either case, the guardian or curator convicted shall also be removed

from office as guardian or curator; and in the case of the parents of the

child, they may be deprived, temporarily or perpetually, in the

discretion of the court, of their parental authority.

5. Any person who shall induce any child under sixteen years of age to

abandon the home of its ascendants, guardians, curators, or teachers to

follow any person engaged in any of the callings mentioned in paragraph

2 hereof, or to accompany any habitual vagrant or beggar.

Art. 279. Additional penalties for other offenses. — The imposition of the

penalties prescribed in the preceding articles, shall not prevent the

imposition upon the same person of the penalty provided for any other

felonies defined and punished by this Code.

Section Two. — Trespass to dwelling

Art. 280. Qualified trespass to dwelling. — Any private person who shall

enter the dwelling of another against the latter's will shall be punished by

arresto mayor and a fine not exceeding 1,000 pesos.

If the offense be committed by means of violence or intimidation, the

penalty shall be prision correccional in its medium and maximum periods

and a fine not exceeding 1,000 pesos.

The provisions of this article shall not be applicable to any person who shall

enter another's dwelling for the purpose of preventing some serious harm to

himself, the occupants of the dwelling or a third person, nor shall it be

applicable to any person who shall enter a dwelling for the purpose of

rendering some service to humanity or justice, nor to anyone who shall enter

cafes, taverns, inn and other public houses, while the same are open.

Art. 281. Other forms of trespass. — The penalty of arresto menor or a fine

not exceeding 200 pesos, or both, shall be imposed upon any person who

shall enter the closed premises or the fenced estate of another, while either

or them are uninhabited, if the prohibition to enter be manifest and the

trespasser has not secured the permission of the owner or the caretaker

thereof.

Section Three. — Threats and coercion

Art. 282. Grave threats. — Any person who shall threaten another with the

infliction upon the person, honor or property of the latter or of his family of

any wrong amounting to a crime, shall suffer:

1. The penalty next lower in degree than that prescribed by law for the

crime be threatened to commit, if the offender shall have made the

threat demanding money or imposing any other condition, even though

not unlawful, and said offender shall have attained his purpose. If the

offender shall not have attained his purpose, the penalty lower by two

degrees shall be imposed.

If the threat be made in writing or through a middleman, the penalty

shall be imposed in its maximum period.

2. The penalty of arresto mayor and a fine not exceeding 500 pesos, if

the threat shall not have been made subject to a condition.

Art. 283. Light threats. — Any threat to commit a wrong not constituting a

crime, made in the manner expressed in subdivision 1 of the next preceding

article, shall be punished by arresto mayor.

Art. 284. Bond for good behavior. — In all cases falling within the two next

preceding articles, the person making the threats may also be required to

give bail not to molest the person threatened, or if he shall fail to give such

bail, he shall be sentenced to destierro.

Art. 285. Other light threats. — The penalty of arresto menor in its

minimum period or a fine not exceeding 200 pesos shall be imposed upon:

1. Any person who, without being included in the provisions of the next

preceding article, shall threaten another with a weapon or draw such

weapon in a quarrel, unless it be in lawful self-defense.

2. Any person who, in the heat of anger, shall orally threaten another

with some harm not constituting a crime, and who by subsequent acts

show that he did not persist in the idea involved in his threat, provided

that the circumstances of the offense shall not bring it within the

provisions of Article 282 of this Code.

3. Any person who shall orally threaten to do another any harm not

constituting a felony.

Art. 286. Grave coercions. — The penalty of arresto mayor and a fine not

exceeding 500 pesos shall be imposed upon any person who, without

authority of law, shall, by means of violence, prevent another from doing

something not prohibited by law, or compel him to do something against his

will, whether it be right or wrong.

If the coercion be committed for the purpose of compelling another to

perform any religious act or to prevent him from so doing, the penalty next

higher in degree shall be imposed.

Art. 287. Light coercions. — Any person who, by means of violence, shall

seize anything belonging to his debtor for the purpose of applying the same

to the payment of the debt, shall suffer the penalty of arresto mayor in its

minimum period and a fine equivalent to the value of the thing, but in no

case less than 75 pesos.

Any other coercions or unjust vexations shall be punished by arresto menor

or a fine ranging from 5 pesos to 200 pesos, or both.

Art. 288. Other similar coercions; (Compulsory purchase of merchandise

and payment of wages by means of tokens.) — The penalty of arresto mayor

or a fine ranging from 200 to 500 pesos, or both, shall be imposed upon any

person, agent or officer, of any association or corporation who shall force or

compel, directly or indirectly, or shall knowingly permit any laborer or

employee employed by him or by such firm or corporation to be forced or

compelled, to purchase merchandise or commodities of any kind.

The same penalties shall be imposed upon any person who shall pay the

wages due a laborer or employee employed by him, by means of tokens or

objects other than the legal tender currency of the laborer or employee.

Art. 289. Formation, maintenance and prohibition of combination of capital

or labor through violence or threats. — The penalty of arresto mayor and a

fine not exceeding 300 pesos shall be imposed upon any person who, for the

purpose of organizing, maintaining or preventing coalitions or capital or

labor, strike of laborers or lock-out of employees, shall employ violence or

threats in such a degree as to compel or force the laborers or employers in

the free and legal exercise of their industry or work, if the act shall not

constitute a more serious offense in accordance with the provisions of this

Code.

Chapter Three

DISCOVERY AND REVELATION OF SECRETS

Art. 290. Discovering secrets through seizure of correspondence. — The

penalty of prision correccional in its minimum and medium periods and a

fine not exceeding 500 pesos shall be imposed upon any private individual

who in order to discover the secrets of another, shall seize his papers or

letters and reveal the contents thereof.

If the offender shall not reveal such secrets, the penalty shall be arresto

mayor and a fine not exceeding 500 pesos.

The provision shall not be applicable to parents, guardians, or persons

entrusted with the custody of minors with respect to the papers or letters of

the children or minors placed under their care or study, nor to spouses with

respect to the papers or letters of either of them.

Art. 291. Revealing secrets with abuse of office. — The penalty of arresto

mayor and a fine not exceeding 500 pesos shall be imposed upon any

manager, employee, or servant who, in such capacity, shall learn the secrets

of his principal or master and shall reveal such secrets.

Art. 292. Revelation of industrial secrets. — The penalty of prision

correccional in its minimum and medium periods and a fine not exceeding

500 pesos shall be imposed upon the person in charge, employee or workman

of any manufacturing or industrial establishment who, to the prejudice of

the owner thereof, shall reveal the secrets of the industry of the latter.

Title Ten

CRIMES AGAINST PROPERTY

Chapter One

ROBBERY IN GENERAL

Art. 293. Who are guilty of robbery. — Any person who, with intent to gain,

shall take any personal property belonging to another, by means of violence

or intimidation of any person, or using force upon anything shall be guilty of

robbery.

Section One. — Robbery with violence or intimidation of persons.

Art. 295. Robbery with violence against or intimidation of persons;

Penalties. — Any person guilty of robbery with the use of violence against or

intimidation of any person shall suffer:

1. The penalty of reclusion perpetua to death, when by reason or on

occasion of the robbery, the crime of homicide shall have been

committed.

2. The penalty of reclusion temporal in its medium period to reclusion

perpetua when the robbery shall have been accompanied by rape or

intentional mutilation, or if by reason or on occasion of such robbery,

any of the physical injuries penalized in subdivision 1 of Article 263

shall have been inflicted; Provided, however, that when the robbery

accompanied with rape is committed with a use of a deadly weapon or

by two or more persons, the penalty shall be reclusion perpetua to death

(As amended by PD No. 767).

3. The penalty of reclusion temporal, when by reason or on occasion of

the robbery, any of the physical injuries penalized in subdivision 2 of

the article mentioned in the next preceding paragraph, shall have been

inflicted.

4. The penalty of prision mayor in its maximum period to reclusion

temporal in its medium period, if the violence or intimidation employed

in the commission of the robbery shall have been carried to a degree

clearly unnecessary for the commission of the crime, or when the

course of its execution, the offender shall have inflicted upon any

person not responsible for its commission any of the physical injuries

covered by sub-divisions 3 and 4 of said Article 23.

5. The penalty of prision correccional in its maximum period to prision

mayor in its medium period in other cases. (As amended by R. A. 18).

Art. 295. Robbery with physical injuries, committed in an uninhabited place

and by a band, or with the use of firearm on a street, road or alley. — If the

offenses mentioned in subdivisions three, four, and five of the next

preceding article shall have been committed in an uninhabited place or by a

band, or by attacking a moving train, street car, motor vehicle or airship, or

by entering the passenger's compartments in a train or, in any manner,

taking the passengers thereof by surprise in the respective conveyances, or

on a street, road, highway, or alley, and the intimidation is made with the

use of a firearm, the offender shall be punished by the maximum period of

the proper penalties.

In the same cases, the penalty next higher in degree shall be imposed upon

the leader of the band.

Art. 296. Definition of a band and penalty incurred by the members thereof.

— When more than three armed malefactors take part in the commission of a

robbery, it shall be deemed to have been committed by a band. When any of

the arms used in the commission of the offense be an unlicensed firearm, the

penalty to be imposed upon all the malefactors shall be the maximum of the

corresponding penalty provided by law, without prejudice of the criminal

liability for illegal possession of such unlicensed firearms.

Any member of a band who is present at the commission of a robbery by the

band, shall be punished as principal of any of the assaults committed by the

band, unless it be shown that he attempted to prevent the same.

Art. 297. Attempted and frustrated robbery committed under certain

circumstances. — When by reason or on occasion of an attempted or

frustrated robbery a homicide is committed, the person guilty of such

offenses shall be punished by reclusion temporal in its maximum period to

reclusion perpetua, unless the homicide committed shall deserve a higher

penalty under the provisions of this Code.

Art. 298. Execution of deeds by means of violence or intimidation. — Any

person who, with intent to defraud another, by means of violence or

intimidation, shall compel him to sign, execute or deliver any public

instrument or documents, shall be held guilty of robbery and punished by the

penalties respectively prescribed in this Chapter.

Section Two. — Robbery by the use of force upon things

Art. 299. Robbery in an inhabited house or public building or edifice

devoted to worship. — Any armed person who shall commit robbery in an

inhabited house or public building or edifice devoted to religious worship,

shall be punished by reclusion temporal, if the value of the property taken

shall exceed 250 pesos, and if:

 (a) The malefactors shall enter the house or building in which the

robbery was committed, by any of the following means:

1. Through a opening not intended for entrance or egress.

2. By breaking any wall, roof, or floor or breaking any door or

window.

3. By using false keys, picklocks or similar tools.

4. By using any fictitious name or pretending the exercise of public

authority.

Or if —

(b) The robbery be committed under any of the following circumstances:

1. By the breaking of doors, wardrobes, chests, or any other kind of

locked or sealed furniture or receptacle;

2. By taking such furniture or objects to be broken or forced open

outside the place of the robbery.

When the offenders do not carry arms, and the value of the property taken

exceeds 250 pesos, the penalty next lower in degree shall be imposed.

The same rule shall be applied when the offenders are armed, but the value

of the property taken does not exceed 250 pesos.

When said offenders do not carry arms and the value of the property taken

does not exceed 250 pesos, they shall suffer the penalty prescribed in the

two next preceding paragraphs, in its minimum period.

If the robbery be committed in one of the dependencies of an inhabited

house, public building, or building dedicated to religious worship, the

penalties next lower in degree than those prescribed in this article shall be

imposed.

Art. 300. Robbery in an uninhabited place and by a band. — The robbery

mentioned in the next preceding article, if committed in an uninhabited

place and by a band, shall be punished by the maximum period of the penalty

provided therefor.

Art. 301. What is an inhabited house, public building or building dedicated

to religious worship and their dependencies. — Inhabited house means any

shelter, ship or vessel constituting the dwelling of one or more persons, even

though the inhabitants thereof shall temporarily be absent therefrom when

the robbery is committed.

All interior courts, corrals, waterhouses, granaries, barns, coach-houses,

stables or other departments or inclosed places contiguous to the building or

edifice, having an interior entrance connected therewith, and which form

part of the whole, shall be deemed dependencies of an inhabited house,

public building or building dedicated to religious worship.

Orchards and other lands used for cultivation or production are not included

in the terms of the next preceding paragraph, even if closed, contiguous to

the building and having direct connection therewith.

The term "public building" includes every building owned by the Government

or belonging to a private person not included used or rented by the

Government, although temporarily unoccupied by the same.

Art. 302. Robbery is an uninhabited place or in a private building. — Any

robbery committed in an uninhabited place or in a building other than those

mentioned in the first paragraph of Article 299, if the value of the property

taken exceeds 250 pesos, shall be punished by prision correccional if any of

the following circumstances is present:

1. If the entrance has been effected through any opening not intended

for entrance or egress.

2. If any wall, roof, flour or outside door or window has been broken.

3. If the entrance has been effected through the use of false keys,

picklocks or other similar tools.

4. If any dorm, wardrobe, chest or by sealed or closed furniture or

receptacle has been broken.

5. If any closed or sealed receptacle, as mentioned in the preceding

paragraph, has been removed even if the same to broken open

elsewhere.

When the value of the property takes does not exceed 250 pesos, the penalty

next lower in degree shall be imposed.

In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of this

Code, when the property taken is mail matter or large cattle, the offender

shall suffer the penalties next higher in degree than those provided in said

articles.

Art. 303. Robbery of cereals, fruits, or firewood in an uninhabited place or

private building. — In the cases enumerated in Articles 299 and 302, when

the robbery consists in the taking of cereals, fruits, or firewood, the culprit

shall suffer the penalty next lower in degree than that prescribed in said

articles.

Art. 304. Possession of picklocks or similar tools. — Any person who shall

without lawful cause have in his possession picklocks or similar tools

especially adopted to the commission of the crime of robbery, shall be

punished by arresto mayor in its maximum period to prision correccional in

its minimum period.

The same penalty shall be imposed upon any person who shall make such

tools. If the offender be a locksmith, he shall suffer the penalty of prision

correccional in its medium and maximum periods.

Art. 305. False keys. — The term "false keys" shall be deemed to include:

1. The tools mentioned in the next preceding articles.

2. Genuine keys stolen from the owner.

3. Any keys other than those intended by the owner for use in the lock

forcibly opened by the offender.

Chapter Two

BRIGANDAGE

Art. 306. Who are brigands; Penalty. — When more than three armed

persons form a band of robbers for the purpose of committing robbery in the

highway, or kidnapping persons for the purpose of extortion or to obtain

ransom or for any other purpose to be attained by means of force and

violence, they shall be deemed highway robbers or brigands.

Persons found guilty of this offense shall be punished by prision mayor in its

medium period to reclusion temporal in its minimum period if the act or acts

committed by them are not punishable by higher penalties, in which case,

they shall suffer such high penalties.

If any of the arms carried by any of said persons be an unlicensed firearms, it

shall be presumed that said persons are highway robbers or brigands, and in

case of convictions the penalty shall be imposed in the maximum period.

Art. 307. Aiding and abetting a band of brigands. — Any person knowingly

and in any manner aiding, abetting or protecting a band of brigands as

described in the next preceding article, or giving them information of the

movements of the police or other peace officers of the Government (or of the

forces of the United States Army), when the latter are acting in aid of the

Government, or acquiring or receiving the property taken by such brigands

shall be punished by prision correccional in its medium period to prision

mayor in its minimum period.

It shall be presumed that the person performing any of the acts provided in

this article has performed them knowingly, unless the contrary is proven.

Chapter Three

THEFT

Art. 308. Who are liable for theft. — Theft is committed by any person who,

with intent to gain but without violence against or intimidation of persons

nor force upon things, shall take personal property of another without the

latter's consent.

Theft is likewise committed by:

1. Any person who, having found lost property, shall fail to deliver the

same to the local authorities or to its owner;

2. Any person who, after having maliciously damaged the property of

another, shall remove or make use of the fruits or object of the damage

caused by him; and

3. Any person who shall enter an inclosed estate or a field where

trespass is forbidden or which belongs to another and without the

consent of its owner, shall hunt or fish upon the same or shall gather

cereals, or other forest or farm products.

Art. 309. Penalties. — Any person guilty of theft shall be punished by:

1. The penalty of prision mayor in its minimum and medium periods, if

the value of the thing stolen is more than 12,000 pesos but does not

exceed 22,000 pesos, but if the value of the thing stolen exceeds the

latter amount the penalty shall be the maximum period of the one

prescribed in this paragraph, and one year for each additional ten

thousand pesos, but the total of the penalty which may be imposed shall

not exceed twenty years. In such cases, and in connection with the

accessory penalties which may be imposed and for the purpose of the

other provisions of this Code, the penalty shall be termed prision mayor

or reclusion temporal, as the case may be.

2. The penalty of prision correccional in its medium and maximum

periods, if the value of the thing stolen is more than 6,000 pesos but

does not exceed 12,000 pesos.

3. The penalty of prision correccional in its minimum and medium

periods, if the value of the property stolen is more than 200 pesos but

does not exceed 6,000 pesos.

4. Arresto mayor in its medium period to prision correccional in its

minimum period, if the value of the property stolen is over 50 pesos but

does not exceed 200 pesos.

5. Arresto mayor to its full extent, if such value is over 5 pesos but does

not exceed 50 pesos.

6. Arresto mayor in its minimum and medium periods, if such value

does not exceed 5 pesos.

7. Arresto menor or a fine not exceeding 200 pesos, if the theft is

committed under the circumstances enumerated in paragraph 3 of the

next preceding article and the value of the thing stolen does not exceed

5 pesos. If such value exceeds said amount, the provision of any of the

five preceding subdivisions shall be made applicable.

8. Arresto menor in its minimum period or a fine not exceeding 50

pesos, when the value of the thing stolen is not over 5 pesos, and the

offender shall have acted under the impulse of hunger, poverty, or the

difficulty of earning a livelihood for the support of himself or his family.

Art. 310. Qualified theft. — The crime of theft shall be punished by the

penalties next higher by two degrees than those respectively specified in the

next preceding article, if committed by a domestic servant, or with grave

abuse of confidence, or if the property stolen is motor vehicle, mail matter

or large cattle or consists of coconuts taken from the premises of the

plantation or fish taken from a fishpond or fishery, or if property is taken on

the occasion of fire, earthquake, typhoon, volcanic erruption, or any other

calamity, vehicular accident or civil disturbance. (As amended by R.A. 120 and

B.P. Blg. 71. May 1, 1980).

Art. 311. Theft of the property of the National Library and National

Museum. — If the property stolen be any property of the National Library or

the National Museum, the penalty shall be arresto mayor or a fine ranging

from 200 to 500 pesos, or both, unless a higher penalty should be provided

under other provisions of this Code, in which case, the offender shall be

punished by such higher penalty.

(Read ; Presidential Decree  1612, Anti-Fencing Law)

 

Chapter Four

USURPATION

Art. 312. Occupation of real property or usurpation of real rights in

property. — Any person who, by means of violence against or intimidation of

persons, shall take possession of any real property or shall usurp any real

rights in property belonging to another, in addition to the penalty incurred

for the acts of violence executed by him, shall be punished by a fine from 50

to 100 per centum of the gain which he shall have obtained, but not less

than 75 pesos.

If the value of the gain cannot be ascertained, a fine of from 200 to 500

pesos shall be imposed.

Art. 313. Altering boundaries or landmarks. — Any person who shall alter

the boundary marks or monuments of towns, provinces, or estates, or any

other marks intended to designate the boundaries of the same, shall be

punished by arresto menor or a fine not exceeding 100 pesos, or both.

Chapter Five

CULPABLE INSOLVENCY

Art. 314. Fraudulent insolvency. — Any person who shall abscond with his

property to the prejudice of his creditors, shall suffer the penalty of prision

mayor, if he be a merchant and the penalty of prision correccional in its

maximum period to prision mayor in its medium period, if he be not a

merchant.

 

Chapter Six

SWINDLING AND OTHER DECEITS

Art. 315. Swindling (estafa). — Any person who shall defraud another by any

of the means mentioned hereinbelow shall be punished by:

1st. The penalty of prision correccional in its maximum period to prision

mayor in its minimum period, if the amount of the fraud is over 12,000

pesos but does not exceed 22,000 pesos, and if such amount exceeds the

latter sum, the penalty provided in this paragraph shall be imposed in its

maximum period, adding one year for each additional 10,000 pesos; but the

total penalty which may be imposed shall not exceed twenty years. In such

cases, and in connection with the accessory penalties which may be imposed

under the provisions of this Code, the penalty shall be termed prision mayor

or reclusion temporal, as the case may be.

2nd. The penalty of prision correccional in its minimum and medium

periods, if the amount of the fraud is over 6,000 pesos but does not exceed

12,000 pesos;

3rd. The penalty of arresto mayor in its maximum period to prision

correccional in its minimum period if such amount is over 200 pesos but

does not exceed 6,000 pesos; and

4th. By arresto mayor in its maximum period, if such amount does not

exceed 200 pesos, provided that in the four cases mentioned, the fraud be

committed by any of the following means:

1. With unfaithfulness or abuse of confidence, namely:

(a) By altering the substance, quantity, or quality or anything of

value which the offender shall deliver by virtue of an obligation to

do so, even though such obligation be based on an immoral or

illegal consideration.

(b) By misappropriating or converting, to the prejudice of another,

money, goods, or any other personal property received by the

offender in trust or on commission, or for administration, or under

any other obligation involving the duty to make delivery of or to

return the same, even though such obligation be totally or partially

guaranteed by a bond; or by denying having received such money,

goods, or other property.

(c) By taking undue advantage of the signature of the offended

party in blank, and by writing any document above such signature

in blank, to the prejudice of the offended party or of any third

person.

2. By means of any of the following false pretenses or fraudulent acts

executed prior to or simultaneously with the commission of the fraud:

(a) By using fictitious name, or falsely pretending to possess power,

influence, qualifications, property, credit, agency, business or

imaginary transactions, or by means of other similar deceits.

(b) By altering the quality, fineness or weight of anything

pertaining to his art or business.

(c) By pretending to have bribed any Government employee,

without prejudice to the action for calumny which the offended

party may deem proper to bring against the offender. In this case,

the offender shall be punished by the maximum period of the

penalty.

(d) [By post-dating a check, or issuing a check in payment of an

obligation when the offender therein were not sufficient to cover

the amount of the check. The failure of the drawer of the check to

deposit the amount necessary to cover his check within three (3)

days from receipt of notice from the bank and/or the payee or

holder that said check has been dishonored for lack of insufficiency

of funds shall be prima facie evidence of deceit constituting false

pretense or fraudulent act. (As amended by R.A. 4885, approved June 17,

1967.)]

(Read Batas Pambansa Bilang 22, Bouncing Checks Law)

 

(e) By obtaining any food, refreshment or accommodation at a

hotel, inn, restaurant, boarding house, lodging house, or apartment

house and the like without paying therefor, with intent to defraud

the proprietor or manager thereof, or by obtaining credit at hotel,

inn, restaurant, boarding house, lodging house, or apartment house

by the use of any false pretense, or by abandoning or

surreptitiously removing any part of his baggage from a hotel, inn,

restaurant, boarding house, lodging house or apartment house after

obtaining credit, food, refreshment or accommodation therein

without paying for his food, refreshment or accommodation.

3. Through any of the following fraudulent means:

(a) By inducing another, by means of deceit, to sign any document.

(b) By resorting to some fraudulent practice to insure success in a

gambling game.

(c) By removing, concealing or destroying, in whole or in part, any

court record, office files, document or any other papers.

Art. 316. Other forms of swindling. — The penalty of arresto mayor in its

minimum and medium period and a fine of not less than the value of the

damage caused and not more than three times such value, shall be imposed

upon:

1. Any person who, pretending to be owner of any real property, shall

convey, sell, encumber or mortgage the same.

2. Any person, who, knowing that real property is encumbered, shall

dispose of the same, although such encumbrance be not recorded.

3. The owner of any personal property who shall wrongfully take it from

its lawful possessor, to the prejudice of the latter or any third person.

4. Any person who, to the prejudice of another, shall execute any

fictitious contract.

5. Any person who shall accept any compensation given him under the

belief that it was in payment of services rendered or labor performed by

him, when in fact he did not actually perform such services or labor.

6. Any person who, while being a surety in a bond given in a criminal or

civil action, without express authority from the court or before the

cancellation of his bond or before being relieved from the obligation

contracted by him, shall sell, mortgage, or, in any other manner,

encumber the real property or properties with which he guaranteed the

fulfillment of such obligation.

Art. 317. Swindling a minor. — Any person who taking advantage of the

inexperience or emotions or feelings of a minor, to his detriment, shall

induce him to assume any obligation or to give any release or execute a

transfer of any property right in consideration of some loan of money, credit

or other personal property, whether the loan clearly appears in the document

or is shown in any other form, shall suffer the penalty of arresto mayor and a

fine of a sum ranging from 10 to 50 per cent of the value of the obligation

contracted by the minor.

Art. 318. Other deceits. — The penalty of arresto mayor and a fine of not less

than the amount of the damage caused and not more than twice such

amount shall be imposed upon any person who shall defraud or damage

another by any other deceit not mentioned in the preceding articles of this

chapter.

Any person who, for profit or gain, shall interpret dreams, make forecasts,

tell fortunes, or take advantage of the credulity of the public in any other

similar manner, shall suffer the penalty of arresto mayor or a fine not

exceeding 200 pesos.

Chapter Seven

CHATTEL MORTGAGE

Art. 319. Removal, sale or pledge of mortgaged property. — The penalty or

arresto mayor or a fine amounting to twice the value of the property shall be

imposed upon:

1. Any person who shall knowingly remove any personal property

mortgaged under the Chattel Mortgage Law to any province or city other

than the one in which it was located at the time of the execution of the

mortgage, without the written consent of the mortgagee, or his

executors, administrators or assigns.

2. Any mortgagor who shall sell or pledge personal property already

pledged, or any part thereof, under the terms of the Chattel Mortgage

Law, without the consent of the mortgagee written on the back of the

mortgage and noted on the record hereof in the office of the Register of

Deeds of the province where such property is located.

Chapter Eight

ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS

Art. 320. Destructive arson. — The penalty of reclusion temporal in its

maximum period to reclusion perpetua shall be imposed upon any person

who shall burn:

1. Any arsenal, shipyard, storehouse or military powder or fireworks

factory, ordinance, storehouse, archives or general museum of the

Government.

2. Any passenger train or motor vehicle in motion or vessel out of port.

3. In an inhabited place, any storehouse or factory of inflammable or

explosive materials.

Art. 321. Other forms of arson. — When the arson consists in the burning of

other property and under the circumstances given hereunder, the offender

shall be punishable:

1. By reclusion temporal or reclusion perpetua:

(a) if the offender shall set fire to any building, farmhouse,

warehouse, hut, shelter, or vessel in port, knowing it to be occupied

at the time by one or more persons;

(b) If the building burned is a public building and value of the

damage caused exceeds 6,000 pesos;

(c) If the building burned is a public building and the purpose is to

destroy evidence kept therein to be used in instituting prosecution

for the punishment of violators of the law, irrespective of the

amount of the damage;

(d) If the building burned is a public building and the purpose is to

destroy evidence kept therein to be used in legislative, judicial or

administrative proceedings, irrespective of the amount of the

damage; Provided, however, That if the evidence destroyed is to be

used against the defendant for the prosecution of any crime

punishable under existing laws, the penalty shall be reclusion

perpetua;

(e) If the arson shall have been committed with the intention of

collecting under an insurance policy against loss or damage by fire.

2. By reclusion temporal:

(a) If an inhabited house or any other building in which people are

accustomed to meet is set on fire, and the culprit did not know

that such house or building was occupied at the time, or if he shall

set fire to a moving freight train or motor vehicle, and the value of

the damage caused exceeds 6,000 pesos;

 (b) If the value of the damage caused in paragraph (b) of the

preceding subdivision does not exceed 6,000 pesos;

(c) If a farm, sugar mill, cane mill, mill central, bamboo groves or

any similar plantation is set on fire and the damage caused exceeds

6,000 pesos; and

(d) If grain fields, pasture lands, or forests, or plantings are set on

fire, and the damage caused exceeds 6,000 pesos.

3. By prision mayor:

(a) If the value of the damage caused in the case mentioned in

paragraphs (a), (c), and (d) in the next preceding subdivision does

not exceed 6,000 pesos;

(b) If a building not used as a dwelling or place of assembly, located

in a populated place, is set on fire, and the damage caused exceeds

6,000 pesos;

4. By prision correccional in its maximum period to prision mayor in its

medium period:

(a) If a building used as dwelling located in an uninhabited place is

set on fire and the damage caused exceeds 1,000 pesos;

(b) If the value or the damage caused in the case mentioned in

paragraphs (c) and (d) of subdivision 2 of this article does not

exceed 200 pesos.

5. By prision correccional in its medium period to prision mayor in its

minimum period, when the damage caused is over 200 pesos but does

not exceed 1,000 pesos, and the property referred to in paragraph (a) of

the preceding subdivision is set on fire; but when the value of such

property does not exceed 200 pesos, the penalty next lower in degree

than that prescribed in this subdivision shall be imposed.

6. The penalty of prision correccional in its medium and maximum

periods, if the damage caused in the case mentioned in paragraph (b) of

subdivision 3 of this article does not exceed 6,000 pesos but is over 200

pesos.

7. The penalty of prision correccional in its minimum and medium

periods, if the damage caused in the case mentioned paragraph (b)

subdivision 3 of this article does not exceed 200 pesos.

8. The penalty of arresto mayor and a fine ranging from fifty to one

hundred per centum if the damage caused shall be imposed, when the

property burned consists of grain fields, pasture lands, forests, or

plantations when the value of such property does not exceed 200 pesos.

(As amended by R.A. 5467, approved May 12, 1969).

Art. 322. Cases of arson not included in the preceding articles. — Cases of

arson not included in the next preceding articles shall be punished:

1. By arresto mayor in its medium and maximum periods, when the

damage caused does not exceed 50 pesos;

2. By arresto mayor in its maximum period to prision correccional in its

minimum period, when the damage caused is over 50 pesos but does not

exceed 200 pesos;

3. By prision correccional in its minimum and medium periods, if the

damage caused is over 200 pesos but does not exceed 1,000 pesos; and

4. By prision correccional in its medium and maximum periods, if it is

over 1,000 pesos.

Art. 323. Arson of property of small value. — The arson of any uninhabited

hut, storehouse, barn, shed, or any other property the value of which does

not exceed 25 pesos, committed at a time or under circumstances which

clearly exclude all danger of the fire spreading, shall not be punished by the

penalties respectively prescribed in this chapter, but in accordance with the

damage caused and under the provisions of the following chapter.

Art. 324. Crimes involving destruction. — Any person who shall cause

destruction by means of explosion, discharge of electric current, inundation,

sinking or stranding of a vessel, intentional damaging of the engine of said

vessel, taking up the rails from a railway track, maliciously changing railway

signals for the safety of moving trains, destroying telegraph wires and

telegraph posts, or those of any other system, and, in general, by using any

other agency or means of destruction as effective as those above

enumerated, shall be punished by reclusion temporal if the commission has

endangered the safety of any person, otherwise, the penalty of prision mayor

shall be imposed.

Art. 325. Burning one's own property as means to commit arson. — Any

person guilty of arson or causing great destruction of the property belonging

to another shall suffer the penalties prescribed in this chapter, even though

he shall have set fire to or destroyed his own property for the purposes of

committing the crime.

Art. 326. Setting fire to property exclusively owned by the offender. — If the

property burned shall be the exclusive property of the offender, he shall be

punished by arresto mayor in its maximum period to prision correccional in

its minimum period, if the arson shall have been committed for the purpose

of defrauding or causing damage to another, or prejudice shall actually have

been caused, or if the thing burned shall have been a building in an inhabited

place.

Art. 326-A. In cases where death resulted as a consequence of arson. — If

death resulted as a consequence of arson committed on any of the properties

and under any of the circumstances mentioned in the preceding articles, the

court shall impose the death penalty.

Art. 326-B. Prima facie evidence of arson. — Any of the following

circumstances shall constitute prima facie evidence of arson:

1. If after the fire, are found materials or substances soaked in gasoline,

kerosene, petroleum, or other inflammables, or any mechanical,

electrical chemical or traces or any of the foregoing.

2. That substantial amount of inflammable substance or materials were

stored within the building not necessary in the course of the

defendant's business; and

3. That the fire started simultaneously in more than one part of the

building or locale under circumstances that cannot normally be due to

accidental or unintentional causes: Provided, however, That at least one

of the following is present in any of the three above-mentioned

circumstances:

(a) That the total insurance carried on the building and/or goods is

more than 80 per cent of the value of such building and/or goods at

the time of the fire;

(b) That the defendant after the fire has presented a fraudulent

claim for loss.

The penalty of prision correccional shall be imposed on one who plants the

articles above-mentioned, in order to secure a conviction, or as a means of

extortion or coercion. (As amended by R.A. 5467, approved May 12, 1969).

Read

PRESIDENTIAL DECREE NO. 1613

AMENDING THE LAW ON ARSON]

and

PRESIDENTIAL DECREE NO. 1744

AMENDING ARTICLE THREE HUNDRED AND TWENTY OF

THE REVISED PENAL CODE PROVISIONS ON ARSON]

Chapter Nine

MALICIOUS MISCHIEF

Art. 327. Who are liable for malicious mischief. — Any person who shall

deliberately cause the property of another any damage not falling within the

terms of the next preceding chapter shall be guilty of malicious mischief.

Art. 328. Special cases of malicious mischief. — Any person who shall cause

damage to obstruct the performance of public functions, or using any

poisonous or corrosive substance; or spreading any infection or contagion

among cattle; or who cause damage to the property of the National Museum

or National Library, or to any archive or registry, waterworks, road,

promenade, or any other thing used in common by the public, shall be

punished:

1. By prision correccional in its minimum and medium periods, if the

value of the damage caused exceeds 1,000 pesos;

2. By arresto mayor, if such value does not exceed the abovementioned

amount but it is over 200 pesos; and

3. By arresto menor, in such value does not exceed 200 pesos.

Art. 329. Other mischiefs. — The mischiefs not included in the next

preceding article shall be punished:

1. By arresto mayor in its medium and maximum periods, if the value of

the damage caused exceeds 1,000 pesos;

2. By arresto mayor in its minimum and medium periods, if such value

is over 200 pesos but does not exceed 1,000 pesos; and

3. By arresto menor or fine of not less than the value of the damage

caused and not more than 200 pesos, if the amount involved does not

exceed 200 pesos or cannot be estimated.

Art. 330. Damage and obstruction to means of communication. — The

penalty of prision correccional in its medium and maximum periods shall be

imposed upon any person who shall damage any railway, telegraph or

telephone lines.

If the damage shall result in any derailment of cars, collision or other

accident, the penalty of prision mayor shall be imposed, without prejudice to

the criminal liability of the offender for the other consequences of his

criminal act.

For the purpose of the provisions of the article, the electric wires, traction

cables, signal system and other things pertaining to railways, shall be

deemed to constitute an integral part of a railway system.

Art. 331. Destroying or damaging statues, public monuments or paintings.

— Any person who shall destroy or damage statues or any other useful or

ornamental public monument shall suffer the penalty of arresto mayor in its

medium period to prision correccional in its minimum period.

Any person who shall destroy or damage any useful or ornamental painting of

a public nature shall suffer the penalty of arresto menor or a fine not

exceeding 200 pesos, or both such fine and imprisonment, in the discretion

of the court.

Chapter Ten

EXEMPTION FROM CRIMINAL LIABILITY

IN CRIMES AGAINST PROPERTY

Art. 332. Persons exempt from criminal liability. — No criminal, but only

civil liability, shall result from the commission of the crime of theft,

swindling or malicious mischief committed or caused mutually by the

following persons:

1. Spouses, ascendants and descendants, or relatives by affinity in the

same line.

2. The widowed spouse with respect to the property which belonged to

the deceased spouse before the same shall have passed into the

possession of another; and

3. Brothers and sisters and brothers-in-law and sisters-in-law, if living

together.

The exemption established by this article shall not be applicable to strangers

participating in the commission of the crime.

Title Eleven

CRIMES AGAINST CHASTITY

Chapter One

ADULTERY AND CONCUBINAGE

Art. 333. Who are guilty of adultery. — Adultery is committed by any

married woman who shall have sexual intercourse with a man not her

husband and by the man who has carnal knowledge of her knowing her to be

married, even if the marriage be subsequently declared void.

Adultery shall be punished by prision correccional in its medium and

maximum periods.

If the person guilty of adultery committed this offense while being

abandoned without justification by the offended spouse, the penalty next

lower in degree than that provided in the next preceding paragraph shall be

imposed.

Art. 334. Concubinage. — Any husband who shall keep a mistress in the

conjugal dwelling, or shall have sexual intercourse, under scandalous

circumstances, with a woman who is not his wife, or shall cohabit with her in

any other place, shall be punished by prision correccional in its minimum

and medium periods.

The concubine shall suffer the penalty of destierro.

Chapter Two

RAPE AND ACTS OF LASCIVIOUSNESS

Art. 335. When and how rape is committed. — Rape is committed by having

carnal knowledge of a woman under any of the following circumstances:

1. By using force or intimidation;

2. When the woman is deprived of reason or otherwise unconscious; and

3. When the woman is under twelve years of age, even though neither of

the circumstances mentioned in the two next preceding paragraphs

shall be present.

The crime of rape shall be punished by reclusion perpetua.

Whenever the crime of rape is committed with the use of a deadly weapon or

by two or more persons, the penalty shall be reclusion perpetua to death.

When by reason or on the occasion of the rape, the victim has become

insane, the penalty shall be death.

When rape is attempted or frustrated and a homicide is committed by reason

or on the occasion thereof, the penalty shall be likewise death.

When by reason or on the occasion of the rape, a homicide is committed, the

penalty shall be death. (As amended by R.A. 2632, approved June 18, 1960, and R.A.

4111, approved June 20, 1964).

Art. 336. Acts of lasciviousness. — Any person who shall commit any act of

lasciviousness upon other persons of either sex, under any of the

circumstances mentioned in the preceding article, shall be punished by

prision correccional.

Chapter Three

SEDUCTION, CORRUPTION OF MINORS

AND WHITE SLAVE TRADE

Art. 337. Qualified seduction. — The seduction of a virgin over twelve years

and under eighteen years of age, committed by any person in public

authority, priest, home-servant, domestic, guardian, teacher, or any person

who, in any capacity, shall be entrusted with the education or custody of the

woman seduced, shall be punished by prision correccional in its minimum

and medium periods.

The penalty next higher in degree shall be imposed upon any person who

shall seduce his sister or descendant, whether or not she be a virgin or over

eighteen years of age.

Under the provisions of this Chapter, seduction is committed when the

offender has carnal knowledge of any of the persons and under the

circumstances described herein.

Art. 338. Simple seduction. — The seduction of a woman who is single or a

widow of good reputation, over twelve but under eighteen years of age,

committed by means of deceit, shall be punished by arresto mayor.

Art. 339. Acts of lasciviousness with the consent of the offended party. —

The penalty of arresto mayor shall be imposed to punish any other acts of

lasciviousness committed by the same persons and the same circumstances

as those provided in Articles 337 and 338.

Art. 340. Corruption of minors. — Any person who shall promote or facilitate

the prostitution or corruption of persons underage to satisfy the lust of

another, shall be punished by prision mayor, and if the culprit is a pubic

officer or employee, including those in government-owned or controlled

corporations, he shall also suffer the penalty of temporary absolute

disqualification. (As amended by Batas Pambansa Blg. 92).

Art. 341. White slave trade. — The penalty of prision mayor in its medium

and maximum period shall be imposed upon any person who, in any manner,

or under any pretext, shall engage in the business or shall profit by

prostitution or shall enlist the services of any other for the purpose of

prostitution (As amended by Batas Pambansa Blg. 186.)

Chapter Four

ABDUCTION

Art. 342. Forcible abduction. — The abduction of any woman against her will

and with lewd designs shall be punished by reclusion temporal.

The same penalty shall be imposed in every case, if the female abducted be

under twelve years of age.

Art. 343. Consented abduction. — The abduction of a virgin over twelve

years and under eighteen years of age, carried out with her consent and with

lewd designs, shall be punished by the penalty of prision correccional in its

minimum and medium periods.

Chapter Five

PROVISIONS RELATIVE TO THE PRECEDING

CHAPTERS OF TITLE ELEVEN

Art. 344. Prosecution of the crimes of adultery, concubinage, seduction,

abduction, rape and acts of lasciviousness. — The crimes of adultery and

concubinage shall not be prosecuted except upon a complaint filed by the

offended spouse.

The offended party cannot institute criminal prosecution without including

both the guilty parties, if they are both alive, nor, in any case, if he shall

have consented or pardoned the offenders.

The offenses of seduction, abduction, rape or acts of lasciviousness, shall not

be prosecuted except upon a complaint filed by the offended party or her

parents, grandparents, or guardian, nor, in any case, if the offender has been

expressly pardoned by the above named persons, as the case may be.

In cases of seduction, abduction, acts of lasciviousness and rape, the

marriage of the offender with the offended party shall extinguish the

criminal action or remit the penalty already imposed upon him. The

provisions of this paragraph shall also be applicable to the co-principals,

accomplices and accessories after the fact of the above-mentioned crimes.

Art. 345. Civil liability of persons guilty of crimes against chastity. —

Person guilty of rape, seduction or abduction, shall also be sentenced:

1. To indemnify the offended woman.

2. To acknowledge the offspring, unless the law should prevent him

from so doing.

3. In every case to support the offspring.

The adulterer and the concubine in the case provided for in Articles 333 and

334 may also be sentenced, in the same proceeding or in a separate civil

proceeding, to indemnify for damages caused to the offended spouse.

Art. 346. Liability of ascendants, guardians, teachers, or other persons

entrusted with the custody of the offended party. — The ascendants,

guardians, curators, teachers and any person who, by abuse of authority or

confidential relationships, shall cooperate as accomplices in the perpetration

of the crimes embraced in chapters, second, third and fourth, of this title,

shall be punished as principals.

Teachers or other persons in any other capacity entrusted with the

education and guidance of youth, shall also suffer the penalty of temporary

special disqualification in its maximum period to perpetual special

disqualification.

Any person falling within the terms of this article, and any other person

guilty of corruption of minors for the benefit of another, shall be punished by

special disqualification from filling the office of guardian.

Title Twelve

CRIMES AGAINST THE CIVIL STATUS OF PERSONS

Chapter one

SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS

Art. 347. Simulation of births, substitution of one child for another and

concealment or abandonment of a legitimate child. — The simulation of

births and the substitution of one child for another shall be punished by

prision mayor and a fine of not exceeding 1,000 pesos.

The same penalties shall be imposed upon any person who shall conceal or

abandon any legitimate child with intent to cause such child to lose its civil

status.

Any physician or surgeon or public officer who, in violation of the duties of

his profession or office, shall cooperate in the execution of any of the crimes

mentioned in the two next preceding paragraphs, shall suffer the penalties

therein prescribed and also the penalty of temporary special disqualification.

Art. 348. Usurpation of civil status. — The penalty of prision mayor shall be

imposed upon any person who shall usurp the civil status of another, should

he do so for the purpose of defrauding the offended part or his heirs;

otherwise, the penalty of prision correccional in its medium and maximum

periods shall be imposed.

Chapter Two

ILLEGAL MARRIAGES

Art. 349. Bigamy. — The penalty of prision mayor shall be imposed upon any

person who shall contract a second or subsequent marriage before the former

marriage has been legally dissolved, or before the absent spouse has been

declared presumptively dead by means of a judgment rendered in the proper

proceedings.

Art. 350. Marriage contracted against provisions of laws. — The penalty of

prision correccional in its medium and maximum periods shall be imposed

upon any person who, without being included in the provisions of the next

proceeding article, shall have not been complied with or that the marriage is

in disregard of a legal impediment.

If either of the contracting parties shall obtain the consent of the other by

means of violence, intimidation or fraud, he shall be punished by the

maximum period of the penalty provided in the next preceding paragraph.

Art. 351. Premature marriages. — Any widow who shall marry within three

hundred and one day from the date of the death of her husband, or before

having delivered if she shall have been pregnant at the time of his death,

shall be punished by arresto mayor and a fine not exceeding 500 pesos.

The same penalties shall be imposed upon any woman whose marriage shall

have been annulled or dissolved, if she shall marry before her delivery or

before the expiration of the period of three hundred and one day after the

legal separation.

Art. 352. Performance of illegal marriage ceremony. — Priests or ministers

of any religious denomination or sect, or civil authorities who shall perform

or authorize any illegal marriage ceremony shall be punished in accordance

with the provisions of the Marriage Law.

Title Thirteen

CRIMES AGAINST HONOR

Chapter One

LIBEL

Section One. — Definitions, forms, and punishment of this crime.

Art. 353. Definition of libel. — A libel is public and malicious imputation of a

crime, or of a vice or defect, real or imaginary, or any act, omission,

condition, status, or circumstance tending to cause the dishonor, discredit,

or contempt of a natural or juridical person, or to blacken the memory of one

who is dead.

Art. 354. Requirement for publicity. — Every defamatory imputation is

presumed to be malicious, even if it be true, if no good intention and

justifiable motive for making it is shown, except in the following cases:

1. A private communication made by any person to another in the

performance of any legal, moral or social duty; and

2. A fair and true report, made in good faith, without any comments or

remarks, of any judicial, legislative or other official proceedings which

are not of confidential nature, or of any statement, report or speech

delivered in said proceedings, or of any other act performed by public

officers in the exercise of their functions.

Art. 355. Libel means by writings or similar means. — A libel committed by

means of writing, printing, lithography, engraving, radio, phonograph,

painting, theatrical exhibition, cinematographic exhibition, or any similar

means, shall be punished by prision correccional in its minimum and

medium periods or a fine ranging from 200 to 6,000 pesos, or both, in

addition to the civil action which may be brought by the offended party.

Art. 356. Threatening to publish and offer to present such publication for a

compensation. — The penalty of arresto mayor or a fine from 200 to 2,000

pesos, or both, shall be imposed upon any person who threatens another to

publish a libel concerning him or the parents, spouse, child, or other

members of the family of the latter or upon anyone who shall offer to

prevent the publication of such libel for a compensation or money

consideration.

Art. 357. Prohibited publication of acts referred to in the course of official

proceedings. — The penalty of arresto mayor or a fine of from 20 to 2,000

pesos, or both, shall be imposed upon any reporter, editor or manager or a

newspaper, daily or magazine, who shall publish facts connected with the

private life of another and offensive to the honor, virtue and reputation of

said person, even though said publication be made in connection with or

under the pretext that it is necessary in the narration of any judicial or

administrative proceedings wherein such facts have been mentioned.

Art. 358. Slander. — Oral defamation shall be punished by arresto mayor in

its maximum period to prision correccional in its minimum period if it is of a

serious and insulting nature; otherwise the penalty shall be arresto menor or

a fine not exceeding 200 pesos.

Art. 359. Slander by deed. — The penalty of arresto mayor in its maximum

period to prision correccional in its minimum period or a fine ranging from

200 to 1,000 pesos shall be imposed upon any person who shall perform any

act not included and punished in this title, which shall cast dishonor,

discredit or contempt upon another person. If said act is not of a serious

nature, the penalty shall be arresto menor or a fine not exceeding 200 pesos.

Section Two. — General provisions

Art. 360. Persons responsible. — Any person who shall publish, exhibit, or

cause the publication or exhibition of any defamation in writing or by similar

means, shall be responsible for the same.

The author or editor of a book or pamphlet, or the editor or business

manager of a daily newspaper, magazine or serial publication, shall be

responsible for the defamations contained therein to the same extent as if he

were the author thereof.

The criminal and civil action for damages in cases of written defamations as

provided for in this chapter, shall be filed simultaneously or separately with

the court of first instance of the province or city where the libelous article is

printed and first published or where any of the offended parties actually

resides at the time of the commission of the offense: Provided, however,

That where one of the offended parties is a public officer whose office is in

the City of Manila at the time of the commission of the offense, the action

shall be filed in the Court of First Instance of the City of Manila, or of the

city or province where the libelous article is printed and first published, and

in case such public officer does not hold office in the City of Manila, the

action shall be filed in the Court of First Instance of the province or city

where he held office at the time of the commission of the offense or where

the libelous article is printed and first published and in case one of the

offended parties is a private individual, the action shall be filed in the Court

of First Instance of the province or city where he actually resides at the time

of the commission of the offense or where the libelous matter is printed and

first published: Provided, further, That the civil action shall be filed in the

same court where the criminal action is filed and vice versa: Provided,

furthermore, That the court where the criminal action or civil action for

damages is first filed, shall acquire jurisdiction to the exclusion of other

courts: And, provided, finally, That this amendment shall not apply to cases

of written defamations, the civil and/or criminal actions which have been

filed in court at the time of the effectivity of this law.

Preliminary investigation of criminal action for written defamations as

provided for in the chapter shall be conducted by the provincial or city fiscal

of the province or city, or by the municipal court of the city or capital of the

province where such action may be instituted in accordance with the

provisions of this article.

No criminal action for defamation which consists in the imputation of a

crime which cannot be prosecuted de oficio shall be brought except at the

instance of and upon complaint expressly filed by the offended party. (As

amended by R.A. 1289, approved June 15, 1955, R.A. 4363, approved June 19, 1965).

Art. 361. Proof of the truth. — In every criminal prosecution for libel, the

truth may be given in evidence to the court and if it appears that the matter

charged as libelous is true, and, moreover, that it was published with good

motives and for justifiable ends, the defendants shall be acquitted.

Proof of the truth of an imputation of an act or omission not constituting a

crime shall not be admitted, unless the imputation shall have been made

against Government employees with respect to facts related to the discharge

of their official duties.

In such cases if the defendant proves the truth of the imputation made by

him, he shall be acquitted.

Art. 362. Libelous remarks. — Libelous remarks or comments connected

with the matter privileged under the provisions of Article 354, if made with

malice, shall not exempt the author thereof nor the editor or managing

editor of a newspaper from criminal liability.

(Read RA 10175, Cybercrime Prevention Act of 2012. Note that the Supreme Court of the Philippines issued a temporary restraining order against  its implementation,  dated October 9, 2012.)

Chapter Two

INCRIMINATORY MACHINATIONS

Art. 363. Incriminating innocent person. — Any person who, by any act not

constituting perjury, shall directly incriminate or impute to an innocent

person the commission of a crime, shall be punished by arresto menor.

Art. 364. Intriguing against honor. — The penalty of arresto menor or fine

not exceeding 200 pesos shall be imposed for any intrigue which has for its

principal purpose to blemish the honor or reputation of a person.

Title Fourteen

QUASI-OFFENSES

Sole Chapter

CRIMINAL NEGLIGENCE

Art. 365. Imprudence and negligence. — Any person who, by reckless

imprudence, shall commit any act which, had it been intentional, would

constitute a grave felony, shall suffer the penalty of arresto mayor in its

maximum period to prision correccional in its medium period; if it would

have constituted a less grave felony, the penalty of arresto mayor in its

minimum and medium periods shall be imposed; if it would have constituted

a light felony, the penalty of arresto menor in its maximum period shall be

imposed.

Any person who, by simple imprudence or negligence, shall commit an act

which would otherwise constitute a grave felony, shall suffer the penalty of

arresto mayor in its medium and maximum periods; if it would have

constituted a less serious felony, the penalty of arresto mayor in its

minimum period shall be imposed.

When the execution of the act covered by this article shall have only resulted

in damage to the property of another, the offender shall be punished by a

fine ranging from an amount equal to the value of said damages to three

times such value, but which shall in no case be less than twenty-five pesos.

A fine not exceeding two hundred pesos and censure shall be imposed upon

any person who, by simple imprudence or negligence, shall cause some

wrong which, if done maliciously, would have constituted a light felony.

In the imposition of these penalties, the court shall exercise their sound

discretion, without regard to the rules prescribed in Article sixty-four.

The provisions contained in this article shall not be applicable:

1. When the penalty provided for the offense is equal to or lower than

those provided in the first two paragraphs of this article, in which case

the court shall impose the penalty next lower in degree than that which

should be imposed in the period which they may deem proper to apply.

2. When, by imprudence or negligence and with violation of the

Automobile Law, to death of a person shall be caused, in which case the

defendant shall be punished by prision correccional in its medium and

maximum periods.

Reckless imprudence consists in voluntary, but without malice, doing or

falling to do an act from which material damage results by reason of

inexcusable lack of precaution on the part of the person performing of failing

to perform such act, taking into consideration his employment or

occupation, degree of intelligence, physical condition and other

circumstances regarding persons, time and place.

Simple imprudence consists in the lack of precaution displayed in those

cases in which the damage impending to be caused is not immediate nor the

danger clearly manifest.

The penalty next higher in degree to those provided for in this article shall

be imposed upon the offender who fails to lend on the spot to the injured

parties such help as may be in this hand to give. (As amended by R.A. 1790,

approved June 21, 1957).

FINAL PROVISIONS

Art. 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.

Art. 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, 282 ,480, 518, 519, 899, 1121, 1438, 1523,

1559, 1692, 1754, 1955, 1773, 2020, 2036, 2071, 2142, 2212, 2293, 2298,

2300, 2364, 2549, 2557, 2595, 2609, 2718, 3103, 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, 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, 6, 8, and 9.

Act 2711, Sections 102, 2670, 2671, and 2672.

Act 3247, Sections 1, 2, 3, and 5; and General Order, 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

Title of acts repealed by the Revised Penal Code are:

1. Act No. 277. Law on Libel and threats to publish libel, etc., now

provided for in Arts. 353, 362.

2. Act No. 292, amended by Act No. 1692. Law defining and penalizing

the crimes of treason, insurrection, sedition, etc., now provided for in

Arts. 114-116 and Arts 134-142.

3. Act No. 480. Law governing cockfighting and cockpits, now governed

by Art. 199 and special laws.

4. Act No. 518, amended by Act Nos. 1121 and 2036. Law defining and

penalizing highway robbery or brigandage, now covered by Arts. 306-

307.

5. Act No. 519. Law on vagrancy now penalized by Art. 202.

6. Act No. 666, Secs. and 6 and 18. Law on trade-marks and trade-names

now provided for in Arts. 188-189.

7. Act No. 899, Law regarding suspension on sentence, etc., upon U.S.

citizens.

8. Act No. 1438, amended by Act Nos. 3203, 3309, and 3559, provisions

governing juvenile offenders and delinquent children, their care and

custody, now governed by Art. 80.

9. Act No. 1508, Secs. 9, 10, 11, and 12. The Chattel Mortgage Law, now

penalized in Art. 319.

10. Act No. 1523. Law prohibiting importation, sale etc., of lottery

tickets and lottery, now penalized in Arts. 195-196.

11. Act No. 1524. Sec. 4. Law governing discretion of Governor-General

in granting conditional pardons, now covered by Art. 159.

12. Act No. 15533, Secs. 1, 2, and 6 amended by Act No. 1559. Law

providing for diminution of sentences by reason of good conduct and

diligence, now governed by Art. 97.

13. Act No. 1697, Secs. 3 and 4. Act for the punishment of perjury in

official investigations, now provided for in Arts. 180-183.

14. Act No. 1754. Law on counterfeiting and forgery, now defined and

penalized in Arts. 160-169.

15. Act No. 1775. Act penalizing crimes against legislative bodies, now

provided for in Arts. 143-145.

16. Act No. 1757. Secs. 1, 2, 3, 4, 5, 6, 7, (first clause), 11 and 12

amended by Act No. 3242. Act prohibiting gambling, now provided for in

Arts. 195-199.

17. Act No. 1173. Law on the crime of adulterio, estupro, rapto,

violacion, calumnia, injuria, etc., now governed by Arts. 333-346.

18. Act Nos. 2071 and 2300. Act governing slavery, involuntary

servitude, peonage, and the sale or purchase of human beings, now

penalized in Arts. 272-274.

19. Act No. 2212. Act providing for the confiscation and disposition of

money, articles, instruments, appliances and devices in gambling, now

provided for in Art. 45.

20. Act No. 293. Act penalizing willful destruction, injury, or taking or

carrying away any property of the Philippine Library, now provided for

in Art. 311.

21. Act No. 2364. Act penalizing infidelity in the custody of prisoners

detained for or a convicted of a crime, now governed by Arts. 223-225.

22. Act No. 2381. Secs. 2, 3, 4, 5, 6, 8, and 9. Act restricting the use of

opium, etc., now provided for in Arts. 190-194.

23. Act No. 2549. Act prohibiting the forcing, compelling, or obliging of

any laborer or other employee to purchase merchandise, commodities,

or personal property under certain conditions, and the payment of

wages of a laborer or employee by means of tokens or objects other than

legal tender currency, now penalized by Art. 288, and also governed by

Com. Act No. 303 and the Minimum Wage Law, Rep. Act No. 602, as

amended by Rep. Act. No. 812.

24. Act No. 2557. Act providing for the allowance to persons convicted

of preventive imprisonment, etc., now embodied in Art. 29.

25. Act No. 2595. Law fixing prescription of the crime of libel and of a

civil action arising therefrom, now provided in Art. 90.

26. Act No. 2711, Secs. 102, 2670, 2671, and 2672. Act amending the

Revised Administrative Code.

27. Act No. 3104 amending Acts 2726. Law governing manner in which

the death penalty shall be executed, now embodied in Arts. 18-85.

28. Act No. 3586 and 3397. Law governing habitual delinquency, now

provided in Art. 62, par. 5.

29. General Orders No. 58, series of 1900, Sec. 106. Code of Criminal

Procedure.

30. Other laws repealed by the Revised Penal Code are Acts Nos. 2030,

2142, 2298, 2712, 3195, 3244, 3298, and 3313, which are merely

amendatory laws on the old Penal Code.

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