Article 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.

Article 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 Time Time Time

included in the
included in its included in its included in its
  penalty in its
minimum period medium period maximum
entirety

From 12 years From 14 years, 8

From 12 years From 17 years, 4
Reclusion and 1 day to 14 months and 1 day
and 1 day to 20 months and 1 day
temporal years and 8 to 17 years and 4
years. to 20 years.
months. months.

Prision mayor,
absolute
From 10 years
disqualification From 6 years and From 6 years and From 8 years and
and 1 day to 12
and special 1 day to 12 years. 1 day to 8 years. 1 day to 10 years.
years.
temporary
disqualification

Prision From 6 months From 2 years, 4

From 6 months From 4 years, 2
correccional, and 1 day to 2 months and 1 day
and 1 day to 6 months and 1 day
suspension and years and 4 to 4 years and 2
years. to 6 years.
destierro months. months.

From 2 months From 4 months

From 1 month and From 1 to 2
Arresto mayor and 1 day to 4 and 1 day to 6
1 day to months. months.
months. months.

From 1 to 30 From 1 to 10 From 11 to 20 From 21 to 30

Arresto menor
days. days. days. days.

Article 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

Article 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.

Article 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.

Article 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.

Article 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.

Article 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 descendants.

Article 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.

Article 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.

Article 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.

Article 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.

Article 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.

Article 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.